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PUBLIC SCHOOL LAWS 


OF 


LOUISIANA 


TWELFTH COMPILATION 


ISSUED BY THE 

STATE DEPARTMENT OF EDUCATION 


V. 


y 


I 923 














(F'Maaaa'uxJ’ RaaJ jufa , 


PUBLIC SCHOOL LAWS 


LOUISIANA 


SANITARY REGULATIONS 

OF THE 

STATE BOARD OF HEALTH 


TWELFTH COMPILATION 

BY 

JOHN R. CONN1FF 


ISSUED BY THE 

STATE DEPARTMENT OF EDUCATION 

BATON ROUGE, LA. 


T. H. HARRIS 


State Superintendent of Education 


1923 


Ramlraa-Jonea Printing Company. Baton Itouga. La. 

1923 










Louisiana St Univ Library 

Ddft.14,1934 



STATE BOARD OF EDUCATION 


Term 

Hon. E. L. Kidd, President.4years.. .Rnston 

Hon. H. H. White, Vice-President. .2 years.. .Alexandria 

Hon. H. Flood Madison . 8 years... Bastrop 

Hon. J. N. Gourdain. .. 8 years.. .Convent 

Hon. J. M. Booze .6 years.. .Roanoke 

Dr. Glenn J. Smith .6 years.. .Amite 

Hon. Robert Martin .4 years... St. Martinville 

Hon. M. M. Morelock .4 years... Haynesville 

Hon. Fernand Mouton .4 years... Lafayette 

Dr. A. B. Dinwiddle .4years...New Orleans 

Hon. J. E. Jarreau.2 years...New Orleans 


T. H. Harris 


-Secretary, State Board of Education 

and State Superintendent of Education 
















ARTICLES OF THE CONSTITUTION OF 1921 
IN REFERENCE TO PUBLIC EDUCATION 
ARTICLE IV. 

(Limitations.) 


Section 4. The Legislature shall not pass any local or special 
law on the following, specified subjects: 

For the holding and conducting of elections, or fixing or 
changing the place of voting. 

Changing the names of persons. 

Changing the venue in civil or criminal cases. 

Authorizing the laying out, opening, closing, altering or 
maintaining roads, highways, streets or alleys, or relating to 
ferries and bridges, or incorporating bridge or ferry companies, 
except for the erection of bridges crossing streams which form 
boundaries between this and any other State. 

Authorizing the adoption or legitimation of children or the 
emancipation of minors. 

Granting divorces. 

Changing the law of descent or succession. 

Affecting the estates of minors or persons under disabilities. 

Remitting fines, penalties and forfeitures, or refunding mon¬ 
eys. legally paid into the treasury. 

Authorizing the constructing of street passenger railroads 
in any incorporated town or city. 

Regulating labor, trade, manufacturing or agriculture. 

Creating corporations, or amending, renewing, extending or 
explaining the charters thereof; provided, this shall not apply 
to municipal corporations having a population of not less than 
twenty-five hundred inhabitants, or to the organization of levee 
districts and parishes, river improvement districts, harbor im¬ 
provement districts, and navigation districts. 

Granting to any corporation, association, or individual any 
special or exclusive right, privilege or immunity. 

Extending the time for the assessment or collection of taxes, 
or for the relief of any assessor or collector of taxes from the 
performance of his official duties, or of his sureties from lia¬ 
bility; nor shall any such law or ordinance be passed by any 
political corporation of this State. 

Regulating the practice or jurisdiction of any court, or 
changing the rules of evidence in any judicial proceeding or 


Enumeration 
prohibited, local 
special laws. 


of 

or 



6 


inquiry before courts, or providing or changing methods for the 
collection of debts or the enforcement of judgments, or pre¬ 
scribing the effects of judicial sales. 

Exempting property from taxation. 

Fixing the rate of interest. 

Concerning any civil or criminal actions. 

Giving effect to informal or invalid wills or deeds, or to any 
illegal disposition of property. 

Regulating the management of public schools, the building or 
repairing of schoolhouses and the raising of money for such 
purposes, except as otherwise provided in this Constitution. 

Legalizing the unauthorized or invalid acts of any officer, 
servant, or agent of the State, or of any parish or municipality 
thereof. 

Money for secta- Section 8. No money shall ever be taken from the public 
po s e r P carmot PU be treasury, directly or indirectly, in aid of any church, sect, or 
treasury. r ° m public denomination of religion, or in aid of any priest, preacher, min¬ 
ister or teacher thereof, as such, and no preference shall ever 
be given to, nor any discrimination made against, any church, 
sect or creed of religion, or any form of religious faith or wor¬ 
ship. No appropriation from the State treasury shall be made 
for private, charitable or benevolent purposes to any person or 
community; provided, this shall not apply to the State Asylums 
for the Insane, and the State Schools for the Deaf and Dumb, 
and the Blind, and the Charity Hospitals, and public charitable 
institutions conducted under State authority. 

Content and ar- Section 9. The general appropriation bill shall embrace 
er?f el appropria^ionnothing but appropriations for the ordinary expenses of the 
priations her appr °’ government, pensions, the public debt and interest thereon, 
public schools, public roads, public charities and all State in¬ 
stitutions; and such bill shall be so itemized as to show for what 
account each and every appropriation shall be made. All other 
appropriations shall be made by separate bills, each embracing 
but one object. 

Creation of edu- Section 14. No educational or charitable institution, other 
abie° n institutiSns Ht ’ than the State institutions now existing, or expressly provided 
for in this Constitution, shall be established by the State, except 
upon a vote of two-thirds of the members elected to each house 
of the Legislature. 


7 


ARTICLE VIII. 


(Suffrage and Elections.) 

Section 2. No person less than sixty years of age shall be 
permitted to vote at any election in the State who shall not, in 
addition to the qualifications above prescribed, have paid on or 
before the 31st day of December, of each year, for the two years 
next preceding the year in which he offers to vote, a poll tax of 
one dollar per annum, to be used exclusively in aid of the public 
schools of the parish in which such tax shall have been col¬ 
lected ; which tax is hereby imposed on every resident of this 
State between the ages of twenty-one and sixty years. Poll 
taxes shall be a lien only upon assessed property, and no process 
shall issue to enforce the collection of the same except against 
assessed property. 

Section 13. No person shall be eligible to any office, State, 
district, parochial, municipal or ward, who is not a citizen of 
this State and a duly qualified elector of the State, district, 
parish, municipality or ward wherein the functions of said office 
are to be performed. And whenever any officer, State, district, 
parochial, municipal or ward, may change his residence from 
this State, or from the district, parish, municipality or ward, 
in which he holds such office, the same shall thereby be vacated, 
any declaration of retention of domicile to the contrary not¬ 
withstanding ; provided further, that this article shall not apply 
to superintendents of public schools. 


Poll tax requisite. 


Eligibility to of¬ 
fice. 


Exception. 


ARTICLE X. 


(Revenue and Taxation.) 


Section 4. The following property, and no other, shall be 
exempt from taxation: 

All public property. 

Places of religious worship; rectories and parsonages belong¬ 
ing to religious denominations, and used as places of residence 
for ministers; places of burial; property devoted to charitable 
undertakings, including that of such organizations as lodges 
and clubs organized for charitable and fraternal purposes and 
practicing the same; schools and colleges; but the exemption 
shall extend only to property, and grounds thereunto appurte¬ 
nant, used for the above mentioned purposes, and not leased 
for profit or income. 


Property exempt 
from taxation. 


8 


Public corpora¬ 
tions and boards 
may levy taxes. 


Local taxes. 


Inheritance and 
donation taxes. 


License taxes and 
exemptions. 


Limitations. 


Special local 
taxes and limita¬ 
tions. 


Section 5. Parochial and municipal corporations and public 
boards may exercise the power of taxation, subject to such 
limitations as may be elsewhere provided in this Constitution, 
under authority granted to them by the Legislature for parish, 
municipal and local purposes, strictly public in their nature. 
The provisions of this section shall not apply to, nor affect, 
similar grants to such political subdivisions under other sec¬ 
tions of this Constitution which are self-operative. 

Section 6. The Legislature may provide that all local, mu¬ 
nicipal and district taxes shall be assessed and extended on the 
parish assessment roll and collected by the tax collector of the 
parish. 

Section 7. Taxes upon inheritances, legacies and donations, 
or gifts made in contemplation of death, may be graduated, 
classified or progressive; provided, such taxes shall not exceed 
three per cent as to ascendants, descendants or surviving spouse; 
ten per cent as to collateral heirs; or fifteen per cent as to 
others; and exemptions to a reasonable amount may be allowed. 
Donations and legacies to charitable, religious or educational 
institutions located within the State shall be exempt from such 
tax. 

Section 8. License taxes may be levied on such classes of 
persons, associations of persons and corporations pursuing any 
trade, business, occupation, vocation or profession, as the Legis¬ 
lature may deem proper, except clerks, laborers, ministers of 
religion, school teachers, graduated trained nurses, those engaged 
in mechanical, agricultural, or horticultural pursuits or in oper¬ 
ating saw mills. Such license taxes may be classified, graduated 
or progressive. No political subdivision shall impose a greater 
license tax than is imposed for State purposes; but when an 
income tax is levied by the State, in lieu of State license taxes, 
this shall not prohibit the levy by the political subdivisions of 
th£ State of such license taxes as the Legislature may authorize. 
Those who pay municipal license taxes equal in amount to such 
taxes levied by the parochial authorities shall be exempt from 
such parochial license taxes. 

Section 10. For the purpose of constructing or improving 
public buildings, school houses, roads, bridges, levees, sewerage 
or drainage works, or other works of permanent public improve- 


9 


ment, title to which shall be in the public, or for the mainte¬ 
nance thereof, any political subdivision may levy taxes, in ex¬ 
cess of the limitations otherwise fixed in this Constitution, not 
to exceed in any year five mills on the dollar for any one of said 
purposes, and not to exceed in any year twenty-five mills on the 
dollar, on any property, for all of said purposes; and for giving 
additional support to public schools, any parish, school district 
or sub-school district, or any municipality, which supports, or 
contributes to the support of, its public schools, may levy taxes, 
in excess of the limitations otherwise fixed in this Constitution, 
not to exceed, in the aggregate, on any property, in any year, 
eight mills on the dollar; provided, no special tax authorized by 
this section shall run for a longer period than ten years, and, 
provided further, that the rate, purpose and duration of any 
such special tax shall have been submitted to the resident prop¬ 
erty taxpayers qualified to vote in the subdivision in which the 
tax is to be levied, and a majority of those voting, in number 
and amount, shall have voted in favor thereof. The provisions 
of this section shall not affect the validity of any tax levied 
by authority of an election held prior to the adoption of this 
Constitution. The city of New Orleans may further levy a city of New Or- 
special tax not to exceed one-fifth of one mill on the dollar of its for 11 zoological 7 
assessed valuation, for the purpose of establishing and maintain- den * 
ing a zoological garden in that city, provided the rate, purpose 
and duration of such special tax shall have been submitted to 
the resident property taxpayers qualified to vote in said city, 
and a majority of those voting, in number and amount, shall 
have voted in favor thereof. 

ARTICLE XII. 

(Public Education.) 

Section 1. The educational system of the State shall con- Educational sys- 
sist of all free public schools, and all institutions of learning, ^’ d> how consti " 
supported in whole or in part by appropriation of public funds. 

Separate free public schools shall be maintained for the educa¬ 
tion of white and colored children between the ages of six and 
eighteen years; provided, that kindergartens may be authorized 
for children between the ages of four and six years. 

Section 2. The elementary and secondary schools and the coordination of 
higher educational institutions shall be so coordinated as to lead schools - 


10 


Studies in ele¬ 
mentary schools. 


State Board of 
Education, how 
composed. Terms of 
office. 


Service of mem¬ 
bers gratuitous. 


to the standard of higher education established by the Louisiana 
State University and Agricultural and Mechanical* College. 

Section 3. There shall be taught in the elementary schools 
only fundamental branches of study, including instruction upon 
the constitutional system of State and national government and 
the duties of citizenship. 

Section 4. There is hereby created a State Board of Educa¬ 
tion to be composed as follows: three members to be appointed 
by the Governor for terms of four years, one each from districts 
co-extensive with the present Railroad Commission districts, and 
eight to be elected for terms of eight years, except as herein pro¬ 
vided, from districts corresponding to the present Congressional 
districts. The Legislature shall provide for the organization of 
said board so that two of the elected members shall be chosen at 
each Congressional election. The first board shall be elected in 
1922 and begin office the second Monday in January, 1923, 
and the term of two of whom shall expire in two, four, six and 
eight years respectively. 

The members appointed by the Governor shall be persons ex¬ 
perienced in educational matters, and all members shall serve 
without pay, except such per diem and traveling expenses as 
shall be fixed by the Legislature. 


Duties and pow¬ 
ers of board. 


The Legislature shall prescribe the duties of said board and 
define its powers; provided, that said board shall not control the 
business affairs of parish school boards, nor the selection or 
removal of their officers and directors. 


sfta/te superin- Section 5. There shall be elected by the people at each 
succeeding general election a State Superintendent of Public 
Education, who shall be ex-officio Secretary of the Board, and 


whose salary shall be fixed by the State Board of Education 

Note. — Amend- , , 

ment to Constitu- at not less than Five Thousand ($5,000.00) Dollars, nor more 

tion of 1921, enact-,. ~ ^ v _ 

ed Nov. 7, 1922 . than Seven Thousand Five Hundred ($7,500.00) Dollars, pay¬ 
able monthly on his own warrant. 


Board controls 
public schools. 


Section 6. The State Board of Education shall 
vision and control of all free public schools. 


have super- 


Louisiana state Section 7. The Legislature shall create a governing body for 
governed! 7, h0W the Louisiana State University and Agricultural and Mechanical 
College, composed of members appointed by the Governor by 


11 


&H. ' 

and with the advice and consent of the Senate, with overlap¬ 
ping terms; of which the Governor shall be a member and ex- 
officio president. The State Board of Education shall have 
visitorial powers over said institution. 

The State Board of Education shall have supervision of all state Board of 
other higher educational institutions, subject to such laws as vise^othlr° higher 
the Legislature may enact. It shall appoint such governing tfon C s atl ° nal mstltu 
bodies as may be provided. It shall submit to the Legislature, . 1 

or other agency designated by the Legislature, a budget for said 
Board and for these institutions. 

It shall prescribe the qualifications, and provide for the to prescribe quaii- 
certification of the teachers of elementary, secondary, trade, er C £ ti0 A S uthSrity aC to 
normal and collegiate schools; it shall have authority to ap-g C ^ ol r s ° ve P nvate 
prove private sghools and colleges, whose sustained curriculum 
is of a grade equal to that prescribed for similar public schools 
and educational institutions of the State; and the certificates or 
degrees issued by such private schools or institutions so ap- ... 
proved shall carry the same privileges as those issued by the ' 

State schools and institutions. 

Section 8. It shall not create or maintain any administra- No department 
tive department in which salaries or expenses are payable from inless mg authorized 
State funds, unless authorized by the Legislature. The Legis- by law ‘ 
lature shall prescribe the terms under which funds offered for 
educational purposes shall be received and disbursed. 

Section 9. The Louisiana State Normal College, heretofore state higher edu^ 
known as the Louisiana State Normal School, the Louisiana Sons . 1 ° n al instltu ‘ 
Polytechnic Institute, heretofore known as the Louisiana Indus¬ 
trial Institute, the Southwestern Louisiana Institute of Liberal 
and Technical Learning, heretofore known as the Southwestern 
Louisiana Industrial Institute, the State School for the Blind, 
the State School for the Deaf, the Southern University, the 
State School for Blind Negroes, the State School for Deaf Ne¬ 
groes, and such others as may hereafter be created by the Legis¬ 
lature, are declared to be the higher institutions of learning now 
embraced in the educational system subject to the direct super¬ 
vision of the State Board of Education. For the support and Their support and 
maintenance of the institutions named above and existing at maintenance * 
the date of this Constitution, there shall be appropriated an¬ 
nually by the Legislature a sum not less than seven hundred 



12 


thousand ($700,000.00) dollars, to be apportioned in said act 
of appropriation to said institutions as their needs may require 
upon the recommendation of the State Board of Education. 
The Legislature shall make additional appropriations for the 
improvement, equipment, support and maintenance of said in¬ 
stitutions as their needs may require. 

parish boards Section 10. The Legislature shall provide for the creation 
ents? su P enntend - an( j election of parish school boards which shall elect parish 
superintendents for their respective parishes, and such other 
officers or agents as may be authorized by the Legislature. The 
State Board of Education shall fix the qualifications and pre¬ 
scribe the duties of parish superintendents, who need not be resi¬ 
dents of the parishes. Wherever a parish contains a municipal¬ 
ity, the population of which is more than one-half of that of the 
entire parish, it shall have representation on the parish school 
board proportionate to its population. 

Existing boards Section 11. Municipal or parish school boards and systems 
and systems recog- . . . . „ . 

nized. now m existence by virtue of special or local legislative acts 

are hereby recognized, subject to control by and supervision of 
the State Board of Education, and the power of the Legislature 
to further control them by special laws. 
iisi? xercises in Ens ' S ect i° n 12. The general exercises in the public schools shall 
be conducted in the English language. 

for^private C 0 / U sec- Section 13. No public funds shall be used for the support 

tarian schools. 0 f any private or sectarian school. 

state school funds, Section 14. The public school funds of the State shall con- 

to consist of what. 

SISt of: 

First, The proceeds of two and one-half mills of the taxes 
levied and collected by the State; provided, that out of the 
portion of said taxes collected in the City of New Orleans fifty 
thousand dollars ($50,000.00) shall be paid annually to the 
Isaac Delgado Trade School. 

Second, The proceeds of the poll tax, which shall be applied 
exclusively to the support of public schools in each parish in 
which collected, and shall be paid by the tax collector directly 
to the parish school board. 

Third, The interest on the proceeds of lands heretofore or 
hereafter granted by the United States for school purposes, and 
the revenues derived from unsold portions thereof. 


13 


Fourth, All funds and the proceeds of lands and property, 
other than unimproved lands, heretofore or hereafter bequeath¬ 
ed, granted, or escheated to the State, not designated for any 
other purpose. 

Fifth, Such other funds as the Legislature may appropriate. 

All school funds, except the poll tax and the interest on Distribution to 
proceeds of lands granted by the United States for the support parlshes - 
of public schools, shall be distributed to each parish in propor¬ 
tion to the number of children therein between the ages of six 
and eighteen years. The Legislature shall provide for the 
enumeration of educable children. 

Section 15. The police jury of each parish is hereby required sc ^ ) r 1 i g sh taxes for 
and directed to levy and collect, in addition to the general ali¬ 
mony tax, elsewhere provided in this Constitution, an annual 
tax of three (3) mills on the assessed valuation of all property 
within said parish; and pay, as collected, the proceeds thereof 
to the school board of the parish; provided, that when the school 
board of the parish shall certify that a smaller tax will meet the 
needs of the schools, the police jury shall levy and collect the 
tax recommended by the school board. 

The provisions hereof shall not apply to property within a for^ertaiiTmunici- 
municipality exempt under existing laws from parochial tax- panties, 
ation, but the governing authority of each such municipality 
shall annually levy, collect and pay to the parish school board 
of the parish in which such municipality is situated, out of the 
proceeds of the general tax for municipal purposes, such mill- 
age as shall equal the rate levied hereunder by the police jury. 

None of the provisions of this section shall apply to a munici¬ 
pality which under legislative authority is actually conducting, 
maintaining and supporting public schools of its own, open to 
the youth of the parish in which such municipality is situated 
at a cost to the parish school board not to exceed the per capita 
spent by such parish board for public education, and which is 
levying, collecting, and expending annually for conducting, 
maintaining and supporting such public schools, the proceeds 
of an annual tax of three (3) mills on the assessed valuation 
of all property within such municipality. 

The school board of Ouachita parish shall not be required to Ouachita parish 

r and Monroe. 

pay to the city of Monroe out of the public funds any per 


14 


Orleans parish 
school tax, how 
levied and expend¬ 
ed. 


Orleans parish 
School Board may 
issue bonds for 
grounds and build¬ 
ings. 


Obligations 

taxed. 


Support of Lou¬ 
isiana State Uni¬ 
versity and Agri¬ 
cultural and Me¬ 
chanical College. 


capita for children residing without the limits of said city and 
who may attend the school maintained by the city of Monroe 
under its legislative charter. 

Section 16. The Orleans Parish School Board, or its suc¬ 
cessor in law, shall levy annually a tax not to exceed seven (7) 
mills on the dollar on the assessed valuation of all property 
within the city of New Orleans assessed for city taxation and 
shall certify the fact to the Commission Council of the City of 
New Orleans, or other governing body of said city, which shall 
cause said tax to be entered on the tax rolls of said city and 
collected in the manner and under the conditions and with the 
interest and penalties prescribed by law for city taxes. The 
money thus collected shall be paid daily to said board. No por¬ 
tion of said tax in excess of five and one-fourth (5%.) mills 
shall be used except for the purpose of purchasing, construct¬ 
ing, repairing and maintaining buildings for public school 
purposes. 

The Orleans Parish School Board may incur indebtedness 
and issue negotiable promissory notes, bonds, or other evidences 
of debt, to bear no greater rate of interest than other municipal 
bonds, to run not more, than forty (40) years, the principal and 
interest thereof payable as said board may determine, for the 
purpose of purchasing grounds, constructing and repairing 
buildings for public school uses, based upon said one and three- 
fourths (1%) mills tax; and there shall be levied and collected 
annually for the years during which any of said obligations 
may be outstanding a tax not exceeding said one and three- 
fourths mills, sufficient to pay the principal and interest thereof. 

All obligations issued under this section shall be exempted 
from taxation of every kind, and a legal investment for persons 
non sui juris and as security for all public deposits. 

Section 17. There shall be appropriated exclusively to the 
maintenance and support of the Louisiana State University and 
Agricultural and Mechanical College all revenues derived and to 
be derived from the seminary fund, the agricultural and me¬ 
chanical college fund, and other funds or lands donated or to 
be donated by the United States to the State of Louisiana for 
the use of a seminary of learning, or of a college for the benefit 
of agricultural and mechanical arts. For its endowment and 


15 


support there shall be levied annually, beginning on January 1, 

1925, a tax of one-half of one mill on the dollar of the assessed 
valuation of all the taxable property in the State; but if the 
proceeds of this tax exceed one million dollars ($1,000,000.00) 
in any one year, the excess shall be transferred to the general 
fund; provided, that nothing in this section shall be construed 
as prohibiting the Legislature from making such additional ap¬ 
propriations as may be necessary. After July 1, 1922, and until 
January 1 , 1925, the State severance or license tax on natural 
resources up to five million ($5,00,000.00) dollars shall be ap¬ 
propriated to the said Louisiana State University and Agricul¬ 
tural and Mechanical College for its maintenance, support, and 
improvement, and for the construction of additional buildings 
and equipment; provided, that there shall be first reserved and 
appropriated annually out of the proceeds of said State sev¬ 
erance tax or license not exceeding two hundred and fifty 
thousand ($250,000.00) dollars for the supervision and collec¬ 
tion of the tax or license and the administration of conservation 
laws. 

Section 18. Where sixteenth sections or indemnity lands credit for six- 
granted by Congress for public school purposes have been erro- ilnd! h sections of 
neously sold by the State, or paid by the State as fees for serv¬ 
ices rendered, such deficiencies shall be properly adjusted, and 
the fund, so derived, shall be credited to the several townships 
and be treated as a loan to the State on which it shall pay four 
per cent per annum interest. The Legislature shall enact all 
necessary laws to carry this section into effect. 

Section 19. The debt due by the State to the free school fund Debt to free 
arising from the sale of lands granted by Congress for school 0100 
purposes shall remain a perpetual loan to the State on which 
it shall pay to the several townships four per cent (4%) per 
annum interest. 

Section 20. The debt due by the State to the seminary fund Debt to seminary 
is hereby declared to be one hundred and thirty-six thousand fund ' 
($136,000.00) dollars, being the proceeds of the sale of lands 
heretofore granted by the United States to this State for the 
use of a seminary of learning, and the State shall pay an 
annual interest of four per cent (4%) on said amount. 


16 


Debt to Agricui- Section 21. The debt due by the State to the agricultural 
icai college fund, and mechanical college fund is hereby declared to be the sum 
of one hundred and eighty-two thousand, three hundred and 
thirteen dollars and three cents ($182,313.03), being the pro¬ 
ceeds of the sale of lands and land scrip heretofore granted by 
the United States to this State for the purpose of a college for 
the benefit of agricultural and mechanical arts, and the State 
shall pay an annual interest of five (5%) per cent on the said 
amount. 


Funds kept sepa- Section 22. All of the above funds shall be kept separate 
on the books of the Auditor and Treasurer of the State as per¬ 
petual record of said loans. 

Retirement fund Section 23. The Legislature shall provide for a retirement 
fund for aged and incapacitated teachers in the State public 
schools. 


Tuiane -Wniver- Section 24. The Tulane University of Louisiana, located in 
.y recognized. New Orleans, is hereby recognized as created and to be devel¬ 
oped in accordance with the provisions of the Legislative Act 
No. 43 approved July 5, 1884. 


ARTICLE XIV 

(Parochial and Municipal Affairs.) 

Limit of munici- Section 12. Except as otherwise provided in this Constitu¬ 
tes 1 * f ° r aU pur ~ ti° n > no municipal tax, for all purposes whatsoever, shall exceed, 
in any one year, seven mills on the dollar of assessed valuation; 
provided, that where any municipality is, by its charter or by 
law, exempt from payment of parish taxes or, under legislative 
authority, maintains its own public schools, it may levy an an¬ 
nual tax not to exceed ten mills on the dollar of assessed valu¬ 
ation. This section shall not apply to the City of New Orleans. 
Section 14. (a) Municipal corporations, parishes and school, 
vote 6 of th< property road, sub-road, sewerage, drainage and sub-drainage districts, 
cSr d P bt er and t °issue 1:]ere ^ na; ^ ter referred to as subdivisions of the State, may incur 
debt and issue negotiable bonds, when authorized by vote of a 
majority, in number and amount, of the property taxpayers 
qualified to vote under the Constitution and laws of this State, 
who vote at an election held for that purpose after notice pub¬ 
lished or posted for thirty (30) days in such manner as the 
Legislature may prescribe, and the governing authorities of such 


Subdivisions o f 
State authorized by 


bonds. 


17 


subdivisions shall impose and collect annually, in excess of all 
other taxes, a tax sufficient to pay the interest annually or semi¬ 
annually and the principal falling due each year, or such amount 
as may be required for any sinking fund necessary to retire said 
bonds at maturity. 

(b) Except as otherwise herein expressly provided, no bonds p urposes C f bond 
shall be issued by any parish for any purpose other than for^f^ 6 t £ y parish; 
constructing and maintaining public roads, highways and acquired thereby, 
bridges, constructing courthouses, jails, hospitals and other pub¬ 
lic buildings, and other works of public improvement, together 
with the necessary equipment and furnishings therefor, title to 
which shall be in the public, and for such other public purposes 
as the Legislature may authorize; nor by any municipal cor- nic ^ai PO bond°Lsue~ 
poration for any purpose other than opening, constructing, pav¬ 
ing and improving streets, roads and alleys, constructing 
bridges, purchasing or constructing waterworks, sewers, drains, 
lighting and power plants, artificial ice and refrigeration plants, Title to property 
public parks, school houses, teachers’ homes, and other public s0 acquired - 
buildings, and works of public improvement, together with all 
necessary equipment and furnishings therefor, title to which 
shall be in the public, and for such other public purposes as 
the Legislature may authorize; nor by any school district for 

, , . . Purposes of bond 

any purpose other than acquiring lands for building sites and issues by school dis- 

playgrounds, and for purchasing, erecting, enlarging or im¬ 
proving school buildings and teachers’ homes, and acquiring 
the necessary equipment and furnishings therefor; provided, 
municipalities may, in the same manner as herein provided, 
when authorized by an act of the Legislature, incur debts and 

. . . . Municipal im- 

issue negotiable bonds tor the purpose of reclaiming, preserving provement of lands 
or improving lands owned by the municipality and fronting on gable streams, 
a navigable stream, and may dedicate the revenues from or 
proceeds of sale of such lands to the payment of the principal 
and interest of the bonds so issued. 

(e) The police juries of the various parishes throughout the For certain pur- 
State, for the purpose of constructing and maintaining high-thorities of r pa?fshes 
ways or public buildings for the parish, and the governing fund^nto bonds 
authorities of municipal corporations, for the purpose of paving, 25S?Ten years m res- 
improving or maintaining streets or alleys and for all municipal J daq of authorized 
improvements, including public parks, after making provision 


18 


Limit to bonded 
indebtedness incur¬ 
red by any subdi¬ 
vision of the State. 


Acreage tax in 
drainage and sub¬ 
drainage districts 
authorized. 


Refunding of out¬ 
standing indebted¬ 
ness by any subdi¬ 
vision. 


for the payment of all statutory and ordinary charges, may 
fund into bonds running for a period not to exceed ten years, 
and bearing interest at a rate not to exceed six per centum per 
annum, which bonds shall not be sold for less than par, the 
avails or residue of the tax authorized by this Constitution. 

(f) No debt shall be incurred and bonds issued therefor by 
any subdivision hereunder for any one of the purposes herein 
provided, which, including the existing bonded debt of such sub¬ 
division for such purpose, excepting bonds issued and secured 
by an acreage tax, and bonds issued under Section 14 (e) here¬ 
of, shall exceed in the aggregate ten per centum of the assessed 
valuation of the taxable property of such subdivision, to be 
ascertained by the last assessment for parish, municipal or local 
purposes previous to incurring such indebtedness. 

Nothing herein contained shall be construed as prohibiting 
the Legislature from authorizing gravity drainage and sub¬ 
drainage districts to impose and collect an acreage tax, or forced 
contribution, not exceeding fifty cents (50c) per acre per year 
for a period not exceeding forty (40) years, and, when author¬ 
ized as provided in Section 14 (a) hereof, the governing author¬ 
ity may incur debt and issue negotiable bonds therefor, in ac¬ 
cordance with the provisions of Section 14 (h) hereof, secured 
by the said forced contribution tax; provided, that the total 
amount of debt incurred or bonds- issued shall not exceed, in 
principal and interest, the aggregate amount to be raised by 
said forced contribution or acreage taxes during the period 
for which the same is levied. 

(g) For the purpose of readjusting, refunding, extending 
and unifying the whole or any part of its outstanding indebted¬ 
ness, including bonds supported by special taxes, bonds issued 
under Section 4 of Article 281 of the Constitution of 1913, and 
any general indebtedness existing January 1, 1921, any sub¬ 
division may, when authorized by a vote of a majority, in num¬ 
ber and amount, of the qualified property taxpayers thereof vot¬ 
ing at an election held for the purpose in the manner herein 
prescribed, issue refunding bonds not exceeding in amount the 
bonds refunded, or indebtedness due, and secure payment there¬ 
of by pledging not more than two mills of its general alimony 
tax or by the levying of special taxes as provided in Section 
14 (a) hereof. 


19 


(h) No bonds issued by any subdivision hereunder shall run Bonds issued by 
for a longer period than forty (40) years from the date thereof, of^id^SStefestfon^ 
or bear a greater rate of interest than six per centum per annum fhan^parT Re¬ 
payable annually or semi-annually, or be sold for less than par. f j l ^ ling of redem P- 
Such bonds shall become due and payable in annual install¬ 
ments beginning not more than three years after the date of 
issuance. 


(i) Should any subdivision neglect or fail for any reason to 
impose or collect sufficient taxes for the payment of the prin¬ 
cipal and interest of any bonded debt hereafter to be incurred 
under this Constitution, any person in interest shall have a 
cause of action enforceable in any court having jurisdiction of 
the subject matter to enforce the imposition and collection of 
such taxes. 


Collection of taxes 
enforceable in the 
courts. 


(i) The Legislature may authorize the taxing officers of the Legislature may 

State to impose and collect taxes required for the payment of parish taxing offi- 

the principal or interest of any bonded debt of any parish, for principal and 
.., ,. i . . interest on bonds. 

municipal corporation, road, sub-road, drainage, sub-drainage, 
or school district, and may authorize the taxing officers of the 
parish to impose and collect taxes required for the payment of 
the principal and interest of any bonded debt of any school 
district, road, sub-road, sewerage or drainage, or sub-drainage 
district in such parish in the event of any default in the impo¬ 
sition or collection thereof. 


(k) The Legislature may by general law authorize any How parish may 

. . . assume debt of road 

parish to assume the debt of a road district or drainage district, district or drainage 
wholly within such parish, when so authorized by a vote of a in such parish, 
majority, in number and amount, of the qualified property tax¬ 
payers of such parish, who vote at an election held in the man¬ 
ner herein provided. Any proceedings for said purpose, in¬ 
cluding any election heretofore held, are hereby validated and 
confirmed, and may be completed in conformity with any law 
to be passed by the Legislature. 

(l) Whenever any subdivision of the State heretofore au- conditions under 
tliorized to incur debt and issue negotiable bonds therefor has, bonds may th be 1Z te- 
by a majority vote, in number and amount, of its qualified sued and sold ‘ 
property taxpayers, authorized its governing authority to incur 

debt and issue negotiable bonds, but said bonds have not been 
sold, the governing authority thereof may issue and sell said 


20 


bonds, without necessity of an election therefor, under any of 
the following conditions: 

(1) The bonds so authorized may be issued in accordance 
with the terms and conditions set forth in the proposition sub¬ 
mitted at said election; but if it be desired to sell said bonds 
under par and for not less than ninety cents on the dollar and 
accrued interest, the governing authority of any subdivision 
may do so, provided the intention to do so be advertised for a 
period of thirty (30) days as now or hereafter provided by law. 

(2) The governing authority of such subdivision may au¬ 
thorize the issuance of said bonds according to the terms and 
conditions set forth and contained in the proposition or propo¬ 
sitions submitted at said election, except that the said bonds 
shall bear a rate of interest not exceeding six per cent, payable 
semi-annually, after sixty (60) days published notice of such 
intention, in a weekly newspaper in the parish in which the 
bonds are to be sold, and if there is no newspaper published in 
the parish, by posting in three public places therein. 

(3) If a petition of remonstrance, signed by ten per centum 
of the qualified property taxpayers of the subdivision, be filed 
with the governing authority thereof within said above desig¬ 
nated periods, no bonds shall be issued thereunder until author¬ 
ized by a vote of a majority, in number and amount, of the 
qualified property tax-payers voting at an election thereafter 
to be held. 

Municipalities may ( m ) For the purpose of constructing, acquiring, extending 
acquisition 1 or im- or improving any revenue-producing public utility, the Legis- 
nue V producing r pub-^ a ^ ure ma y authorize municipal corporations to issue bonds se- 
iic utility. cured exclusively, principal and interest, by mortgage on the 

lands, buildings, machinery and equipment and by pledge of the 
income and revenues of such public utility. Such bonds shall 
not be a charge upon the other income and revenues of the mu¬ 
nicipality and shall not be included in computing the indebted¬ 
ness of the municipality for the purpose of any limitation herein. 

(n) For a period of sixty (60) days from the date of promul- 
tion1 ga tax r or bond gation of the result of any election held under the provisions of 
tested"wfthin 6 sixty this section, any person in interest shall have the right to contest 
muigation^ 6 °incon- the legality of such election, the bond issue provided for, or the 
testable thereafter. tax authorized, for any cause; after which time no one shall 


21 


have any cause or right of action to contest the regularity, 
formality, or legality of said election, tax provision, or bond 
authorization, for any cause whatsoever. If the validity of any 
election, special tax or bond issue authorized or provided for, 
held under the provisions of this section, is not raised within 
sixty (60) days herein prescribed, the authority to issue the 
bonds, the legality thereof and of the taxes necessary to pay 
the same shall be conclusively presumed, and no court shall 
have authority to inquire into such matters. The provisions 
of this section shall not apply to the City of New Orleans. 


22 


ACTS OF THE LEGISLATURE 
(Exemptions from Jury Duty, S. 2, A. 89, ’94.) 

The following persons shall be exempted from serving as 
jiirors, but the exemption shall be personal to them, and when 
they do not themselves claim exemption it shall not be suf¬ 
ficient cause for challenging any person exempt under the pro¬ 
visions of this Act. * * * The Governor, Lieutenant Gov¬ 

ernor, State Auditor, State Treasurer, Secretary of State, Su¬ 
perintendent of Public Education, their clerks and employees, 
and all public officers commissioned under the authority of the 
United States. * * * professors and school teachers while 

employed in teaching * . * * 

(Accepting and Regulating Donations, Act 158, ’04.) 

Section 1. The Board of Education for the State of Louis¬ 
iana; the Board of Directors of the public schools of each and 
every parish in the State, the Parish of Orleans included, shall 
have the power to accept and administer donations mortis causa 
or inter vivos for any educational or literary purpose whatso¬ 
ever, and it shall be lawful for any one to make such a donation 
of any description of property, and to any amount to any one 
or more of such boards. 

Section 2. The donor shall have the right to prescribe the 
manner in which the property shall be administered, and the 
objects to which it or any part thereof, or the revenues thereof, 
shall be applied; provided, however, that property donated, 
cannot be made inalienable, but the donor thereof shall have 
the right to prescribe in what manner, and under what circum¬ 
stances, the donees shall be empowered to sell the same, or any 
portion thereof, or to change any investments once made. 

Section 3. Said Board or Boards shall administer the prop¬ 
erty entrusted to them in conformity with the directions con¬ 
tained in the act of donation, and shall have all the powers 
needed in such administration, but can not mortgage or en¬ 
cumber the donated property, except as may be prescribed in 
the act of donation. The said Board or Boards shall be entitled 
to no remuneration for their services, unless expressly granted 
in the act of donation. 

Section 4. The provisions of the laws of this State, relative 
to substitutions fidei commissa and trusts shall not be deemed 


23 


to apply or affect donations made for the purposes and in the 
manner provided in this Act, and all laws or parts of laws 
conflicting with the provisions of this Act be, and the same are 
hereby repealed insofar as regards the purposes of this Act, 
but not otherwise. 

(Assessor’s Fee for Assessing School Taxes, S. 3, 4, 5, A. 117, ’21.) 

Section 3. That in order to create a fund from which the 
aforesaid salaries and allowances shall be paid, all recipients 
of taxes, whether State, parish, school, levee, drainage, or others, 
shall contribute their full proportion of the total due in ac¬ 
cordance with the amount of taxes to be received by each, and 
shall pay same over to the Parish Treasurer, who shall account 
for the whole under the head of “Assessor Salary Fund.” The 
payment of the Assessor’s salary and allowance shall be pro¬ 
rated among the State, parish, school, levee, drainage and other 
recipients of taxes in proportion to the amount of taxes to be 
received by each, and each recipient shall contribute his proper 
proportion of the said salary and allowances in accordance with 
law, when said rolls are filed as hereinafter provided for; pro¬ 
vided, that the salary herein prescribed, together with the al¬ 
lowances in any case exceed the amount of the assessor’s com¬ 
pensation under laws in force prior to January 1st, 1917; pro¬ 
vided that this limitation shall not apply to the parishes of 
Cameron, St. Helena, Claiborne, Red River and West Feliciana, 
which said named parishes shall not receive less than the amount 
of salary and allowance hereinabove named, and proportionate 
additions to the commission on the tax assessments above set 
forth shall be made in order to make up any deficiency between 
the amount herein allowed and the amounts which would actu¬ 
ally be produced by the taxes, as aforesaid, as in the case of all 
other parishes. 

Section 4. That in all cases (the City of New Orleans ex¬ 
cepted), where towns or cities are exempted by law, in whole 
or in part, from the payment of •parish taxes, such towns or 
cities shall pay to the parish treasurer their proportionate share 
of the salary and expenses of the Assessor, based upon the taxes 
such towns and cities would have paid into the Parish Treasury 
had they not been so exempted. 


24 


Statements to be 
rendered to Super¬ 
visor of Public Ac¬ 
counts. 


Section 5. That the Assessors shall render'to the Super¬ 
visor of Public Accounts sworn statements showing the total 
amount of taxes assessed for account of the State, Parish, school, 
road, and all other purposes, also showing the prorata there¬ 
of that may be apportioned to be paid upon his salary and 
expenses by each receipient, as provided herein, and shall state 
therein that said amount of salary and expenses is not greater 
than he would have received as commissions and compensations 
under laws in force prior to January 1st, 1917. That a copy 
of said statement shall likewise be filed with the Parish Treas¬ 
urer and Treasurers of all other recipients for whose benefit 
the tax may be collectible. 

(Powers of the District Board in Expropriations, S. 1492, R. S.) 

When land shall be required for the erection of a schoolhouse 
or for enlarging a schoolhouse lot, and the owner refuses to sell 
the same for a reasonable compensation, the District Board of 
School Directors shall have the power to select and possess such 
sites embracing space sufficiently extensive to answer the pur¬ 
pose of schoolhouse and ground. 

(Expropriation of Property for Public Schools; For Schoolhouse Sites, 
Act 208 of 1906, amending and re-enacting Act 227 of 1902.) 

Whenever the State or any political corporation of the same 
created for the purpose of exercising any portion of the govern¬ 
mental powers, in the same, or the board of administrators or 
directors of any charity hospital, or any board of school directors 
thereof, or any corporation constituted under the laws of this 
State for the construction of railroads, plank roads, turnpike 
roads, or canals for navigation, or for the construction or opera¬ 
tion of water works or sewerage to supply the public with water 
and sewerage, (or for the piping and marketing of natural gas 
for the purpose of supplying the public with natural gas), or 
for the purpose of transmitting intelligence by magnetic tele¬ 
graph, cannot agree with the owner of the land which may be 
wanted for its purchase, it shall be lawful for such State cor¬ 
poration, board of administrators, directors or persons to apply 
by petition to the district court, in which the same may be sit¬ 
uated, or if it extends into two districts, to the judge of the dis¬ 
trict court in which the owner resides, and if the owner does not 
reside in either district, to either of the district courts, describ- 


25 


ing the land necessary for the purposes, with a plan of the 
same, and a statement of the improvement thereon, if any, and 
the name of the owner thereof, if known at present in the State, 
with a prayer that the land be adjudged to such State, corpora¬ 
tion, board of administrators or directors upon payment to 
the owner of all such damages as he may sustain in consequence 
of the expropriation of said land for such public works; all 
claims for lands or damages to the owner caused by its taking 
or expropriation for such public work shall be barred by two 
(2) years’ prescription which shall commence to run from the 
date at which the land was actually occupied and used for the 
construction of the works. 

All the existing laws for the forms and processes of expro¬ 
priation of property shall be applicable to the said act and 
section thus amended and re-enacted. 

(Relative to the Value of Grounds, S. 1493, R. S.) 

Should such landholder deem the sum assessed too small, he 
shall have the right to institute suit before any proper judicial 
tribunal for his claim - but the title shall pass from him to the 
school corporation. 

ACT NO. 90 OF 1906 

Section 1. That in order to provide for public education in 
the city of Lake Charles, a school board is hereby created for 
said city. Said board shall consist of five members, who shall be 
elected at large by the qualified voters of said city. Each mem¬ 
ber of said board shall be able to read and write the English 
language and shall be a duly qualified elector of said municipal¬ 
ity. The election for the members of said board shall be held 
under the general election laws of this State, and the members 
when elected shall be commissioned in the same manner as parish 
boards of school directors. They shall hold their office for terms 
of four years, and until their successors shall have been duly 
elected and qualified, except as hereinafter provided. All va¬ 
cancies that may occur in said board, whether caused by failure 
to qualify, by resignation, or by death, shall be filled at an elec¬ 
tion duly called within thirty days after said vacancy occurred. 
Each member shall qualify within thirty days after he has been 
commissioned, otherwise the office to which he is elected shall be 
deemed vacant. The electors residing in the City of Lake 


26 


Charles shall be ineligible to serve as members of the parish 
board of directors of the public schools of Calcasieu Parish, 
Louisiana, and to vote for members of said body. It shall be the 
duty of the election commissioners serving at the polling places 
in Ward 3 of Calcasieu Parish, Louisiana, to see that the pro¬ 
visions of this section are made effective. 

Section 2. That all elections for members of said board shall 
be called by the City Council, which shall appoint the commis¬ 
sioners of election and designate the polling places. All returns 
of election shall be made to this Council, which shall make such 
proclamation and do all other things in regard thereto as is 
required by law of returning officers of the parish. The first 
election under this Act shall be held on the day set apart by law 
for the congressional election, in the year 1906, and thereafter 
every two years on such congressional election day, after giving 
at least ten days’ notice thereof by publication, in the official 
journal of said city; successors to those members of the board 
whose terms expire in said year, shall be elected in the manner 
above provided. The members so elected shall assume the dis¬ 
charge of the functions of their offices on the first Tuesday 
after the receipt of their commissions. The first board hereunder 
shall be appointed by the State Superintendent of Public Edu¬ 
cation, immediately after passage of this Act, and the members 
so appointed shall hold their offices until the congresisonal elec¬ 
tion in the year 1906, and until their successors shall have been 
duly elected and qualified. Immediately after the first election 
hereunder, the members of said board so elected, shall draw lots 
for terms of two and four years, two of said terms to be for two 
years and three of said terms to be for four years, and there¬ 
after all members of said board shall be elected for terms of 
four years, and until their successors shall have been duly 
elected and qualified. 

Section 3. That said board, at its first meeting, shall elect 
from among its members a president, who shall discharge all of 
the functions incumbent upon presidents of parish school boards, 
and who may exercise similar powers, except as may be herein 
provided. He shall receive no compensation for his service. 
Said board may elect a superintendent of the city schools and 
fix his compensation. He shall have all of the qualifications 


27 


required by law for parish superintendents except that he need 
not be a qualified elector, and such additional qualifications as 
the board may prescribe. Said board may also elect a secretary, 
and fix his compensation, which compensation shall not exceed 
ten dollars per month. The treasurer of the city of Lake Charles 
shall be ex-officio treasurer of said School Board. Said Board 
shall fix and approve his bond as such, and when premiums are 
required on said bond said Board shall pay them, provided they 
do not exceed the usual premium for official bonds of such 
nature. The president and the secretary of said Board shall be 
elected for terms of two years 

Section 4. That said School Board shall possess and may 
exercise within the corporate limits of the city of Lake Charles, 
all of the powers conferred, and that may hereafter be con¬ 
ferred by law upon parish school boards, and shall within such 
territory discharge all of the duties incumbent upon such boards 
and shall be governed by all of the restrictions imposed upon 
the same. 

Section 5. That all moneys appropriated or budgeted by the 
city of Lake Charles out of the general revenues, and all special 
taxes levied by said city in aid of the public schools shall be paid 
over as collected by the tax collector of said city to the treasurer 
of said School Board, who shall issue to the tax collector, on 
receipting such payment, duplicate receipt. The tax collector 
shall make monthly statements to the City Council of all such 
payments and shall attach to each monthly statement one of said 
duplicate receipts. 

Section 6. That the School Board of the Parish of Calcasieu 
shall pay to the School Board of the City of Lake Charles its 
pro rata of all funds intended for the support of the schools of 
the Parish of Calcasieu, including its pro rata of said funds 
apportioned to said parish, and its pro rata of fines and forfeit¬ 
ed bonds; provided that under no circumstances shall this in¬ 
clude any moneys budgeted by the Police Jury of the Parish of 
Calcasieu in aid of the public schools of said parish out of the 
general revenues of said parish, nor any special taxes author¬ 
ized by the taxpayers and levied in aid of the schools of said 
parish, unless such special taxes are levied in the territory con¬ 
tained in said city as part of the territory authorizing the levy 
of said special taxes. 


28 


Section 7. That said School Board shall annually, before the 
election of teachers and employees, and not later than the first 
Tuesday in July, submit to the Council of said city, for their 
guidance, an itemized statement of the expenses necessary to 
hire teachers and employees for the public schools of the city 
and to maintain said schools for the ensuing scholastic year, and 
also a statement of the funds said Board expects from other 
sources for said year. Upon approving this estimate as a basis 
for making appropriations out of the general revenues, the 
Council shall make such provision as it may deem proper in its 
budget for the ensuing fiscal year, within constitutional limita¬ 
tions for the payment of the salaries of teachers and employees 
to be elected by said School Board, and for the maintenance of 
said schools. The said School Board shall create no debts nor 
obligations in excess of the amount appropriated or consented to 
be appropriated by the City Council, and in excess of the funds 
to be derived from other sources for said year as approved in 
said statement, without first having obtained the approval of 
the Council to such excess, nor until provision is made by the 
Council for its payment. 

Section 8. That no member of the City Council, nor any 
officer of the city of Lake Charles shall be a member of said 
School Board. 

Section 9. The said Board shall be required to report to the 
State Superintendent of Public Education, through its superin¬ 
tendent or president, the condition of the schools of the city of 
Lake Charles, in the same manner as provided by law for re¬ 
ports of parish superintendents, and for neglect or failure so 
to do, shall be liable to the same penalties. 

(Bird Day Established, S. 14, A. 198, ’06.) 

Section 14. The State and Parish Boards of Public Educa¬ 
tion are directed to provide for the celebration, by all public 
schools, of “Bird Day/’ on May fifth of each year, being the 
anniversary of the birth of John James Audubon, the distin¬ 
guished son of Louisiana. 

On the recurring anniversary days, suitable exercises are to 
be engaged in, and lessons on the economic and esthetic value 
of the resident and migratory birds of the State are to be taught, 
by the teachers, to their pupils. 


29 


.School Libraries Established, A. 202, ’06.) 

Section 1. Whenever the patrons and friends of any individ¬ 
ual school or grade of the free public schools in which a library 
has not already been established by the aid of the parish board 
of school directors, shall raise by private subscription or other¬ 
wise and tender to the treasurer of the parish public school funds 
for the establishment of a library to be connected with such 
schools or grade, the sum of ten dollars, and the parish treas¬ 
urer has so advised the secretary of the parish board of school 
directors, the said board at its next quarterly meeting shall ap¬ 
propriate from the public school funds the sum of ten dollars for 
this purpose, and shall appoint the teacher in charge of said 
school or grade the manager of such libraries; provided further, 
that at times other than during the school term the library shall 
be kept in a locked case provided for under this Act. 

(Duty of Parish Treasurer and Secretary of School Board.) 

Section 2. That as soon as the secretary of the parish board 
of school directors shall have received notice from the treasurer 
of the parish public school funds (and said notice should be 
served by the said treasurer within five days after receipt of 
same) that a donation for a library for a certain school or grade 
has been made, the secretary shall inform the said superintend¬ 
ent of Public Education of the fact, whereupon' the said Super¬ 
intendent shall furnish the said secretary a list of public school 
library books and prices therefor, said books and prices having 
been approved by the State Board of Education. 

(Manner of Selecting Books.) 

Section 3. That within five days after the parish board of 
school directors shall have made an appropriation for a library, 
the president and secretary of the board, with the assistance of 
the teacher in charge of the school or grade for which the ap¬ 
propriation was made, shall select from the aforesaid approved 
list of books for public school libraries a list of books to be pur¬ 
chased for the said library, and shall submit a list of books to be 
purchased to the secretary of the board, who shall order the 
books at once, and payment for same shall be made by warrant 
upon the treasurer of the parish public school funds signed by 
the president and secretary of the parish board of school di¬ 
rectors. 


30 


(Duty of School Board to Furnish Book Case.) 

Section 4. Upon application of the parish superintendent, 
the parish board of school directors shall furnish, to each library, 
at the expense of the public school funds, a neat bookcase, with 
lock and key. 

(Local Manager to Observe Rules and Regulations; Report to State 
Superintendent.) 

The local manager of every library shall carry out such rules 
and regulations for the proper use and preservation of the 
books as may be established by the State Superintendent of 
Public Education, and shall on or before the tenth day of 
January of each year make to the State Superintendent of Pub¬ 
lic Education such report as he may require. 

(Duty of School Board When Second Appropriation is Made After One 
Year; Subsequent Appropriations Limited to One per Year.) 

Section 5. When the patrons and friends of any individual 
school or grade of the public school in which a library has been 
established for one year under the preceding sections of this 
Act, shall raise by private subscription or otherwise and tender 
to the treasurer of the parish school funds the sum of five dollars 
for the enlargement of the library, the parish board of school 
directors shall appropriate from the money belonging to that 
school or grade not less than the sum of five dollars nor more 
than fifteen dollars. The money thus collected and appropriated 
shall be used for the enlargement of libraries already established 
under the same rules and restrictions as govern the establish¬ 
ment of new libraries; provided that no more than one such ap¬ 
propriation shall be made each year for each school or grade. 

(Legal Ownership to Remain in Parish School Board.) 

Section 6. The legal possession and ownership of the books, 
cases and other appendages of the school or grade library, shall 
be and remain in the parish board of school directors and their 
successors in office, and that the felonious destruction or taking 
and carrying away thereof, or any part thereof, or any books, 
article, apparatus or furniture from or belonging to any public 
school house owned or used for public school purposes shall and 
is hereby declared to be larceny, and the breaking into such 
schoolhouse at night with intent to commit larceny, as herein 


31 


set forth, or any felony, shall and is hereby declared to be 
burglary, and that any larceny or burglary so committed shall 
be punished as in other cases under existing statutes. 

(Providing that the Doors of School Houses Shall Swing Outward, 
A. 91, ’08.) 

Section 1. All doors for ingress and egress to public school- 
houses, churches, courthouses, assembly rooms, halls, theatres, 
factories with more than twenty employees and of all other 
buildings of public resort whatever, where people are wont to 
assemble, shall be so swung as to open outwardly from the 
audience rooms, classrooms, halls, or workshops; but such doors 
may be hung on double-jointed hinges, so as to open with equal 
ease outwardly or inwardly. 

Section 2. The provisions of this Act shall apply to all 
buildings and houses within its terms, erected after its passage, 
from the date it becomes in force. As to all such buildings and 
houses heretofore erected, said provisions shall be applied from 
and after the expiration of six months from the date when this 
Act becomes operative. 

Section 3. The president of the parish school board, the 
deacons, the stewards or managers of any church, the president 
of the parish police jury, or the owner of any hall, theatre, or 
factory, failing to comply with the provisions of this Act or to 
have same complied with as relates to any building or buildings 
under the control of the bodies over which they preside or of 
which they are a member, or to such building or buildings 
owned by them, shall be guilty of a misdemeanor and upon con¬ 
viction shall be fined not less than ten dollars nor more than 
one hundred dollars, and upon failure to pay such fine and costs 
shall be imprisoned in the parish jail for a period not exceeding 
ninety (90) days. 

Section 4. Provided that this Act shall not apply to facto¬ 
ries, cotton seed oil mills and other like establishments where the 
doors for the purpose of protection against fire are so arranged 
as to slide back and forth on rollers. 

(Spitting on Schoolhouse Floor Prohibited, S. 1, A. 91, ’08.) 

Any person who shall spit upon the floor or walls of any 
passenger car, street car, depot or waiting room, courthouse, 
churchhouse, schoolhouse, or any other public building what- 


32 


ever, shall be deemed guilty of a misdemeandor and on convic¬ 
tion shall be fined in a sum not less than Five ($5) Dollars, nor 
rnorp than Twenty-five ($25) Dollars, and in default of pay¬ 
ment of fine and costs, shall be imprisoned in the parish jail 
for a period not exceeding ten days. 

(Pupils’ Eyes to Be Tested, A. 292, ’08.) 

Section 1. The State Board of Health and Superintendent 
of Education shall prepare or cause to be prepared, suitable test 
cards, blanks and record books and all other necessary appliances 
to be used in testing the sight and hearing of pupils in the public 
schools of the State, together with the necessary instructions for 
the use of same; and the Superintendent of Education shall 
furnish said test cards, record books, blanks and appliances 
together with the necessary instructions for the use to every 
public school in the State. 

Section 2. The Superintendent, Principal or Teacher in 
every school, during the month of September or during the first 
month of school, or within thirty days after the admission of 
any pupils entering the school late in the session, shall in each 
year, test the sight and hearing of each and all pupils under his 
or her charge, and shall keep a record of such examination ac¬ 
cording to the instructions furnished, and shall notify in writing 
the parent, tutor, tutrix, or guardian of every pupil who shall 
be found to have any defect of sight or hearing or any disease 
of eyes or ears of such defect; and shall make a written report 
of all such examinations to the State (Superintendent of Edu¬ 
cation. 

(Columbus Day, A. 56, 1910.) 

The several school boards of the State of Louisiana shall 
annually authorize, direct and instruct the parish superintend¬ 
ent of education, or other proper authority to observe the anni¬ 
versary of the date of the discovery of America by Christopher 
Columbus, October 12, by such fitting and appropriate exercises, 
as the said various and several school boards may determine 
upon and select. 

Sec. 2. Any failure upon the part of the said several and 
various school boards and parish superintendents to comply with 
the provisions of this Act, shall subject said school boards and 
members thereof, and the parish superintendent to charges of 


33 


nonfeasance, and neglect of duty, which may be preferred by 
any person, before the proper authority. 

ACT No. 116 OF 1910. 

Section 1. (Sections 1, 7, 8, 9, 15 and 16 as amended by Act 
263 of 1914.) In the Parish of Orleans there is hereby created a 
corporation to be known as the Board of Trustees of the Teach¬ 
ers’ Retirement Fund to be composed of nine persons who shall 
serve without compensation for their duties as members of said 
Board. The said Board of Trustees shall be a body corporate 
in law itwith power to sue and be sued, to have, hold, receive, 
use and sell or dispose of, under the provisions of this Act, prop¬ 
erty, real, personal, and mixed, and to exercise all the rights, 
powers, and privileges of a corporation. The said Board shall 
also have power to borrow money, issue notes or other evidences 
of debt, and to pledge its revenue for the year then current from 
whatever source received, for the purpose of promptly paying 
its obligations or for such other purposes as to said Board may 
seem right and proper. Legal process shall be served on the 
President, and, in his absence, or inability to act, on the Vice- 
President. The City Attorney shall act as the attorney for the 
Board of Trustees. The said Board of Trustees shall be com¬ 
posed of the Superintendent of Public Schools, three members of 
the Board of School Directors, to be elected by said Board of 
School Directors every four years in the month of January, be¬ 
ginning January, 1913, and the members so elected shall become 
members of the said Board of Trustees on the fifteenth day of 
February next following the date of their election, provided 
that as soon as practicable after the passage of this Act the 
Parish Board of School Directors shall elect three of its mem¬ 
bers to serve on the said Board of Trustees until the members 
elected in January, 1913, shall become members of the said 
Board of Trustees; and five members of the teaching force of 
the Parish of Orleans who shall be elected in the following 
manner: On the third Monday of January beginning in the 
year 1913, and every four years thereafter, the members of the 
teaching force of the Parish shall deposit with the said Board 
of Trustees a sealed ballot containing the names of five teachers 
representing their respective choices for membership on the said 
Board of Trustees. The Board of Trustees shall examine said 


34 


ballots and give to each teacher receiving a vote credit therefor 
and the five teachers receiving the highest number of votes 
under the said ballots shall become members of the said Board 
of Trustees, on the fifteenth day of February next following the 
date of their election. The said Board of Trustees shall publicly 
announce the result of said election not later than the first day 
of February, next following the date said ballots were deposited, 
provided, however, that within 30 days after this Act shall 
become operative, and on a day to be designated by the Board 
of School Directors, five members of the teaching force of the 
Parish shall be elected in the manner provided, except the said 
ballots shall be deposited with the Board of School Directors, 
which Board shall examine said ballots and give to each teacher 
receiving a vote a credit therefor, and the five teachers receiving 
the highest number of votes under said ballots shall be mem¬ 
bers of the Board of Trustees until the members elected in 1913 
shall become members of the said Board of Trustees. The Board 
of School Directors shall publicly announce the result of said 
election, without any unnecessary delay after the election. As 
soon as practicable after the election of the members, the Super¬ 
intendent shall call a meeting of the said Board of Trustees. 
Provided, that in order to carry out the intention of this act, as 
amended, there shall be held, on the fourteenth day of October, 
1914, a special election for two members of said Board of Trus¬ 
tees, to be chosen from the teaching force, said election to be 
conducted and the results ascertained and determined in the 
manner hereinabove provided, and the two teachers so chosen 
to hold office as members of said Board of Trustees until their 
successors shall have been elected and qualified in 1917, as pro¬ 
vided in this amendment. 

Section 2. That the members of the said Board of Trustees 
shall hold office until their successors are elected and become 
members as provided in the preceding section. In case of a 
vacancy in said Board of Trustees by reason of death, resigna¬ 
tion, or through any other cause, of a member of the teaching 
force, the Board of Trustees shall elect a member of said teach¬ 
ing force as a member of said Board of Trustees for the un¬ 
expired term of the person who has ceased to be such; in case 
of a vacancy on said Board of Trustees by reason of death, res- 


35 


ignation, or through any other cause, of a member of the Board 
of School Directors, the said Board of School Directors shall 
forthwith elect one of its members as a member of said Board 
of Trustees for the unexpired term of the person who has ceased 
to be such. 

Section 3. That a majority of said Board of Trustees shall 
constitute a quorum for the transaction of all business, and the 
said Board shall have full power to make and enforce all by¬ 
laws, rules and orders that it may deem necessary or appropriate 
to carry out the purposes of this Act, and said Board of Trustees 
may take by gift, grant, device or bequest, any money, personal 
property, real estate or any interest therein, and any such gift, 
grant, device or bequest may be absolute, or upon such condi¬ 
tions that the donor may impose at the time of the gift, grant, 
device, or bequest and said Board shall be authorized to take 
such gift, grant or bequest under and by the style of the Board 
of Trustees of the Teachers’ Retirement Fund, and to hold the 
same or assign, transfer or sell same, whenever proper under the 
terms of such gift, grant, device or bequest, or whenever neces¬ 
sary, under and by such name. 

Section 4. That the said Board of Trustees shall elect from 
its members a President and a Vice-President. The Secretary 
of the Board of School Directors shall be Secretary-Treasurer of 
the Board of Trustees, with such additional compensation there¬ 
for as may be fixed and paid by the Board of Trustees, and it 
shall be his duty to keep a true and correct statement of the 
account of each member with the Teachers’ Retirement Fund 
and to render to the Board of Trustees a monthly account of his 
doings. The Secretary-Treasurer of said Board of Trustees shall 
receive and keep account of all moneys belonging to the Teachers’ 
Retirement Fund and all notes, bonds and other securities be¬ 
longing to said Teachers’ Retirement Fund, and shall collect the 
principal of, and interest on the same. The said Fund shall be 
deposited in a bank or banks to be selected by the Board of 
Trustees and to be withdrawn on checks signed by the Secretary- 
Treasurer and President of this Board; the said notes, bonds 
and other securities shall be deposited in a safety deposit vault 
in a bank or banks, selected by the Board of Trustees, subject to 
the joint order of the President and Secretary-Treasurer of this 


36 


Board. Before assuming to act as such Secretary-Treasurer he 
shall furnish bond in one or more bonding companies author¬ 
ized to do business in this State, in such fixed amount as the 
Board of Trustees may require, conditioned for the faithful per¬ 
formance of the duties imposed upon him by this Act, or that 
may be assigned to him by the Board of Trustees, or form part 
of his duties in any manner, and for the faithful accounting of 
all moneys and securities, including both principal and interest, 
which may come into his hands and which shall belong to the 
Teachers’ Retirement Fund, or be under the control of the 
Board. Said Secretary-Treasurer upon the expiration of his 
term of office shall account to said Board for all moneys, notes, 
bonds and other securities coming into his hands, and for the 
interest, income, profit, rentals and proceeds of and from the 
same and he shall turn over to his successor all moneys, notes, 
bonds and other securities belonging to said Fund. It shall be 
the duty of the Secretary-Treasurer to keep a true and accurate 
account of the proceedings of said Board of Trustees, and he 
shall perform such other duties as the Board of Trustees shall 
direct. The Secretary-Treasurer shall make a full and accurate 
account of his office whenever required so to do by the Board 
of Trustees. The said Board of Trustees shall have power to 
appoint such other employees as it may from time to time deem 
necessary to carry out the purposes of this Act, and the said 
Board shall pay to*such employees such salaries as may be fixed 
by the Board. 

Section 5. That every teacher who is such at the time of 
the passage of this Act, shall as soon as practicable thereafter 
notify the said Board of Trustees whether he or she desires to 
accept the advantages of this Act, or any amendments thereto, 
and every acceptance when given shall be irrevocable, and any 
such teacher who may accept shall be eligible for election to said 
Board of Trustees, and he or she shall have the right to vote for 
members thereof; and such teachers who shall fail to accept be¬ 
fore January 1, 1911, shall not be entitled to any benefits or 
advantages under this Act, until he or she shall have first paid 
into the Teachers’ Retirement Fund, an amount equal to the 
assessments he or she would have paid into said fund, had such 
acceptance been given on or before December 31, 1910, together 


37 


with twenty per centum of such amount. Assessments under 
this Act shall begin to be payable September 1st, 1910. 

Section 6. That from and after the passage of this Act, the 
acceptance of a position as teacher, or as a member of the teach¬ 
ing force of the Parish, shall ipso facto be an acceptance of all 
provisions of this Act, and of any amendments thereto, and as 
an agreement and obligation to pay assessments provided for 
herein, or that may be provided for. 

Section 7 of Act 116 of the General Assembly of the State of 
Louisiana for the year 1910, as amended by Act 263 of the 
General Assembly for the State of Louisiana for the year 1914, 
as further amended by Act 17 of the General Assembly for the 
State of Louisiana for the year 1918, reads as follows: 

Section 7. Be it further enacted, etc., That all moneys, 
property of any kind or securities that may come into the hands 
of said Board of Trustees, under the provisions of this Act, or 
any amendment thereto, shall be known as the Teachers’ Retire¬ 
ment Fund and said Board of Trustees is hereby given full and 
complete power and exclusive control over said Fund, and is 
hereby empowered to have, demand, receive, hold, invest and 
reinvest the same for the promotion of the purpose of said fund 
which shall consist of the following: 

First: Assessments of not less than one per centum upon the 
salary of every member of the teaching force, as defined in this 
Act, who has notified the Board of Trustees of his or her accept¬ 
ance of the provisions of this Act and amendments thereto, 
under Section 5, and upon the salary of each and every member 
of the teaching force as defined in this Act who has been ap¬ 
pointed since the passage of this Act, or who may hereafter be 
appointed a member of the teaching force as defined in this 
Act. 

The Board of Trustees shall, from time to time, fix the rate 
of assessments on salaries of the teaching force, subject to and 
in accordance with the provisions of this Act. The Secretary 
of the Board of School Directors, paying such salaries, shall 
prepare monthly, as a part of his monthly pay roll, a roll of 
assessments and place opposite the name of each and every 
teacher liable thereto, the amount of the monthly'assessment 
payable by him or her, and shall furnish forthwith a copy of 


such roll to the Treasurer of the School Board, and the said 
Treasurer shall deduct and retain out of the monthly salary 
due to such teacher the amount of such monthly assessment, 
and the sum of such monthly assessments shall be immediately 
paid by the Treasurer to the said Board of Trustees. 

Second: Amounts to be appropriated each and every year 
by the Orleans Parish School Board, or its successor, equal to 
at least the aggregate of the assessments on the salaries of the 
members of the teaching force as defined in this Act, and the 
Orleans Parish School Board or its successor, is hereby required 
to make such an appropriation each year, and it is hereby made 
its duty to do so; provided, such appropriation shall not be less 
than thirty thousand dollars each year. 

Third: All moneys, property of any kind, or securities that 
may come into the hands of the said Board of Trustees for the 
purpose of said Teachers’ Retirement Fund by gift, grant, 
device, bequest or otherwise. 

Section 8. That the Board of School Directors may retire 
from regular duty, upon its motion, any teacher who has been 
such for a period of forty years at the time such application is 
made, and shall retire from regular duty any teacher, upon his 
or her application, who has been a regular teacher for a period 
of thirty years at the time such application is made, and the 
teacher so retired, provided he or she shall be entitled to the 
advantages of this Act under Section 5 or 6 hereof, shall receive 
for life the salary provided by Section 15. Every teacher who 
is such at the time of passage of this Act, for the purpose of 
retirement under this Section or the next succeeding section, 
after service for ten years as a member of the teaching force of 
the Parish, shall be entitled to full credit for his or her years 
of service as public school teacher elsewhere. 

Section 9. That the Board of School Directors shall retire 
from regular duty, upon his or her own application, any teacher 
who has been such for a period of five years, in the city schools, 
at the time such application is made, and who is disabled and 
incapacitated from performing regular duty, provided the Board 
of Trustees shall find such teacher so disabled or incapacitated 
after an examination made by the Medical Inspector appointed 
by the Board of School Directors, or after such examination as 


39 


the Board of Trustees may provide. No examination fee or 
charge shall be paid by the teacher examined. The Board of 
School Directors may retire upon its motion, and shall retire 
upon his or her own application any teacher who has reached 
the age of sixty-five years. Any teacher so retired under the 
provisions of this Section, provided he or she shall be entitled to 
the advantages of this Act, under Section 5 or 6 hereof, shall 
receive for life a salary of as many fortieths of that provided for 
by Section 15, as he or she may have served years at the time of 
such retirement; and if the Board of School Directors shall deem 
any teacher who has been such for a period of five years at the 
time the notices herein provided for are given, to be disabled or 
incapacitated from performing regular duty, the said Board of 
School Directors shall serve written notice to that effect upon the 
said teacher and upon the President or Secretary-Treasurer of 
the Board of Trustees, and the proceedings shall then be had, 
after the notice provided for in Section 11, in accordance with 
the provisions of said Section 11. If the Board of Trustees, after 
such proceedings are had shall find the said teacher to be in¬ 
capacitated from performing regular duty, such teacher, if so 
retired, shall be entitled to a salary in the manner and amount 
as if he or she had been retired upon his or her own application 
under this section. 

Section 10. That unless teachers who may be retired under 
the preceding Sections shall have paid into said Teachers ’ Re¬ 
tirement Fund, by way of assessment or otherwise, an amount 
equal at least to that which he or she shall be entitled to receive 
as a salary for the first year of retirement, the said Board of 
Trustees shall deduct one-fifth of the deficiency thereof from 
the amount of said salary for each of the first five years that 
the same may be payable. 

Section 11. That after any teacher shall have been retired 
under Section 9, the Board of Trustees shall have the right at 
any time to cause such teacher to again be brought before it and 
examined by the Medical Inspector of the Board of School Di¬ 
rectors, and also to examine other witnesses for the purpose of 
ascertaining whether such teacher shall remain on the retired 
roll. The fee or charge of the examining physician shall be paid 
by the Board of Trustees. Such teacher shall be entitled to at 


40 


least thirty days’ notice and to be present at the hearing of any 
evidence; shall be permitted to propound any questions perti¬ 
nent or relative to such matter, and shall have the right to intro¬ 
duce evidence upon his or her own behalf. Such teacher and all 
witnesses shall be examined under oath, and any male member 
of said Board of Trustees is hereby authorized and empowered 
to administer the oath. If the Board of Trustees shall find such 
teacher qualified for active service, he or she shall report to the 
Superintendent of Public Schools of the Parish, whenever re¬ 
quired to do so by the Board of Trustees, and said Superin¬ 
tendent shall assign such teacher to such service or employment 
as may be within his or her power to perform, in the judgment 
of such Superintendent and of the examining physician em¬ 
ployed by the Board of School Directors. During the time of 
such employment such teacher shall receive the regular salary 
therefor, and shall cease to be entitled to any payment out of 
the Teachers’ Retirement Fund, bcause of disability or inca¬ 
pacity on account of which such teacher was retired. Any 
teacher that may be retired under Section 9, and reassigned for 
active duty under this Section, shall for the purposes of late 
retirement under this Act, be considered as having been in 
active service during the period of former retirement. 

Section 12. That any teacher retired under the provisions of 
this Act shall continue as an employee of the Board of Directors 
of Public Schools, but shall be compensated from the Teachers’ 
• Retirement Fund as provided for in this Act, and it shall be the 
duty of the teacher so retired to render, without extra compen¬ 
sation, such teaching service and at such time as the Board of 
Directors of Public Schools shall direct, provided, the Board of 
School Directors shall not require any such retired teacher to 
perform any teaching service except such as the Board of Trus¬ 
tees may certify to the Board of School Directors to be within 
the reasonable physical power of such retired teacher, and pro¬ 
vided further that no such retired teacher shall be required to 
render teaching service for a longr period than thirty days in 
any school year. 

Section 13. That the Board of Trustees shall establish a 
permanent fund, to the credit of which shall be put and de¬ 
posited all gifts, grants, devices and bequests, all other receipts 


41 


for the first fiscal year during which the Act shall become oper¬ 
ative, except so much of said receipts as the Board of Trustees 
may require during the said year to defray its expenses and the 
unexpended balances remaining at the end of each fiscal year 
thereafter. And no part of the said permanent fund shall be 
expended, except the interest and income therefrom; provided, 
however, that one-half of the amount added to such permanent 
fund during any fiscal year may be used, if necessary, during 
the fiscal year immediately following, and provided further that 
amounts to be refunded under Section 16, shall be paid out of 
the permanent fund. The fiscal year shall begin September 1st, 
of each year. 

Section 14. That this Act shall not affect in any way the 
power of the Board of School Directors to remove teachers from 
service under the laws now in force, or hereafter enacted. 

Section 15. That upon the retirement of any teacher under 
Section 8, the teacher so retired shall be entitled to receive a 
salary for life out of the Teachers’ Retirement Fund equal to 
one-half of his or her average annual salary for five years im¬ 
mediately preceding retirement, but no salary of any teacher 
shall be less than $300.00 nor greater than $600.00 per annum, 
and the Board of Trustees, subject to such rule or regulations 
as the Board may adopt, shall pay the salaries to the teachers 
entitled thereto under this Section and Sections 8 and 9. 

Section 16. That any teacher contributing to such Retire¬ 
ment Fund, who shall voluntarily cease to teach in the Public 
Schools of the Parish, before receiving any salary from said 
Teachers’ Retirement Fund, shall.be entitled to the return of 
one-half of the amount, without interest, which shall have been 
paid into said Teachers’ Retirement Fund by such teacher, and 
any teacher whose services shall be dispensed with by the Board 
of School Directors for any reasons other than those numer¬ 
ated in the preceding Sections, shall be entitled to the return of 
the full amount, without interest, paid into the Retirement 
Fund by said teacher; provided, however, should such teacher 
hereafter again teach in the Public Schools of the Parish, such 
teacher shall repay to said Teachers’ Retirement Fund the 
amount so returned to said teacher, within one year from the 
date of his or her return to service in the schools, and upon 


42 


such repayment being made in addition to such assessments as 
she would have paid in the interim, plus 10% interest, he or she 
shall be entitled to credit for the length of time of the former 
service and interim. Should any teacher die before receiving 
any salary under this Act, the Board of Trustees shall pay to 
teacher’s estate, one-half the amount, without interest, which 
shall have been paid into said Teachers’ Retirement Fund by 
said teacher. 

Section 17. That no retired salary, whatsoever, provided for 
in this Act, shall be payable or paid during the first fiscal year 
during which said Act shall become operative; provided, fur¬ 
ther, should any contributors to said Teachers’ Retirement Fund 
make application for retirement under the provisions of this 
Act during said year his or her name shall be placed on a wait¬ 
ing list and he or she shall be retired at the discretion of the 
Board of Trustees when said year shall have expired, but no 
teacher shall be retired by the Board of School Directors under 
this Act, until after the expiration of said year. 

Section 18. That the said Teachers’ Retirement Fund and 
all salaries and refunds granted and payable by the Board of 
Trustees shall be, and are exempt from seizure or levy under 
attachment, execution, garnishment process or any other process; 
and said salaries and refunds or payment of the same shall not 
be subject to sale, assignment or transfer by any beneficiary, 
and any such sale, assignment or transfer of the same shall be 
absolutely void. 

Section 19. That the terms “teacher” and “members of 
teaching force of the parish ’ ’ as used in this Act, shall mean and 
include any superintendent, assistant superintendent, principal, 
vice principal, supervisor, secretary, inspector, person in charge 
of any special department of instruction, cadet, librarian, and 
any assistant to any of those above named, member of office 
force, and any teacher or instructor regularly employed as such 
by the Board of School Directors of the Parish; provided, that 
at the first election under the provisions of this Act each and 
every teacher or member of the teaching force of the parish, in¬ 
cluding the officers named in this Section, shall have the right to 
vote for three members of the teaching force of the parish to be 
chosen at such election, whether such teacher, member of the 


43 


teaching force or officer has signified his intention to accept the 
provisions of this Act or not. 

Section 20. That the said Board of Trustees shall have ex¬ 
clusive control and its decisions shall be final upon the question 
of placing any teacher upon the retired list, and the granting a 
salary to said teacher so retired; the said Board of Trustees 
shall hear and decide all applications in reference to the retire¬ 
ment of teachers, whether made by the teacher or suggested by 
the Board of School Directors, and the decision of said Board 
of Trustees in all these matters shall be final and conclusive and 
not subject to review or reversal except by the Board of Trus¬ 
tees; and nothing in this Act shall be construed as depriving 
the Board of Trustees of the discretionary powers of retiring a 
teacher, nor shall anything in this Act be construed as making 
it mandatory on the Board of Trustees to retire a teacher on 
his or her application. 

Section 21. That this Act shall take effect from the date of 
its passage and all laws or parts of laws in conflict herewith are 
hereby repealed. 

(Forfeited Bonds, S. 1044, R. S.) 

The several district attorneys throughout the State shall be 
entitled to demand and receive one-fifth of all sums, first de¬ 
ducting the percentage allowed by law to the sheriff for collect¬ 
ing and paying over the same, which may be collected on for¬ 
feited bonds in criminal prosecutions and misdemeanors in any 
court of justice. 

(Form of Accounts Prescribed; Records to Be Kept in Office, S. 6, 
A. 25, '10.) 

All public offices, boards, commissions and eleemosynary and 
educational institutions of this State and all parochial school 
boards, road and drainage districts, shall provide an office for 
their secretary and treasurer where their books and records must 
be kept. All accounts shall be kept in the form prescribed by 
the Supervisor of Public Accounts; that any failure of any 
officer or employee to furnish the Supervisor of Public Accounts 
with any information requested shall immediately report to the 
Governor of the State, who will take such action as he may deem 
proper. The Supervisor of Public Accounts is authorized to 
administer oaths and the Assistant Supervisor of Public Ac- 


44 


counts when acting under instructions of the Supervisor of 
Public Accounts shall have the same power and authority as is 
granted under this Act to the Supervisor of Public Accounts, 
except in the matter of administering oaths. 

(Penalty for Neglect of Duty, S. 10, A. 25, ’10.) 

Section 10. That any public officer or employee in an office 
that is subject to examination by the Supervisor of Public Ac¬ 
counts who wilfully neglects or fails to furnish said Super¬ 
visor of Public Accounts with such papers, accounts, books, or 
other documents which he has the right to inspect or audit 
under the terms of the Act, or who shall wilfully refuse or neg¬ 
lect to transmit to said Supervisor of Public Accounts such 
report, statements or accounts, or other documents, upon re¬ 
quest as provided by the terms of this Act, shall be deemed 
guilty of a misdemeanor in office and shall, upon conviction, 
suffer a fine of not less than twenty-five dollars, nor more than 
five hundred dollars, or be imprisoned not less than ten days nor 
more than six months, or both such fine and imprisonment, in 
the discretion of the court having jurisdiction. 

(Special School Taxes Authorized, S. 1, A. 256 of 1910.) 

Parishes, wards, cities, towns, villages, school districts, road 
districts, drainage districts and sub-drainage districts are de¬ 
clared to be political subdivisions of the State, and special taxes 
may be levied and debt incurred and negotiable bonds issued 
therefor as hereinafter provided, except that the Parish of Or¬ 
leans and the City of New Orleans are exempted from the pro¬ 
visions of this Act. The governing authority of subdivisions 
herein defined shall be for parishes, wards and road districts 
within such parish, the Police Jury of the Parish; for cities, 
towns and villages, the municipal boards thereof, for drainage 
and sub-drainage districts, the drainage commissions of the 
drainage district; for school districts, the school board of the 
parish in which they are located, and when a school district is 
composed of lands of more than one Parish, then the school 
board of the parish which furnishes the territory in said school 
district carrying the highest assessment. 

(School Board Authorized to Call Election for Special Taxes, S. 2, A. 

256 of 1910.) 

The Police Jury of any parish acting for the parish, a ward 
or road district therein and the governing authorities of any 


45 


other subdivision 1 as herein defined shall have authority to call 
a special election for the purpose of submitting to the property 
taxpayers who are authorized to vote at such election under the 
Constitution and laws of the State of Louisiana, a proposition 
to levy a special tax not to exceed the limit that is now or may 
hereafter be fixed by the Constitution of Louisiana for the pur¬ 
pose of giving additional aid to public schools, constructing or 
purchasing any work of public improvement in keeping with 
the objects and purposes for which, the subdivision was created, 
and the title to which shall vest in the public or in the sub- 
divison in which such tax is levied; and at the same election, 
similarly called and held, a proposition may be submitted to 
the property taxpayers as to whether or not they will incur debt 
and issue negotiable bonds therefor not to exceed ten (10 per 
cent) per centum of the assessed value of the property for the 
subdivision calling said election, to be issued for the purpose of 
purchasing or constructing works of public improvement in 
keeping with the objects and purposes for which the subdivision 
was created, and the title to which shall vest in the public or 
subdivision levying the tax. That such governing authority 
shall be required to call an election for either of the purposes 
above mentioned when requested to do so by the petition in 
writing of one-fourth of the property taxpayers eligible to 
vote in said election. 

(Resolution Calling the Election; Publication, S. 3, A. 256, ’10.) 

In the resolution calling the election, the rate, object and 
purpose for which the tax is to be levied and the number of 
years it is to run, muts be stated. If the proposition is to incur 
debt and issue negotiable bonds therefor, the object for which 
the debt is to be incurred, the number of years it is to run and 
the rate of interest to be paid on same, shall be stated in the 
proposition submitted to the property taxpayers. After such 
resolution is passed, a notice of said election shall be given, 
embracing substantially all things that are required to be set 
forth in the resolution, and shall set forth further that the 
authorities ordering the election will, in open session to be held 
at an hour and place named in such notice, proceed to open the 
ballot boxes, examine and count the ballots in number and 
amount, examine and canvass the returns, and declare the result 


46 


of the election. Such notice shall be advertised for thirty days 
in a weekly newspaper published in the subdivision or parish 
in which the tax is proposed to be levied, and if there is no 
newspaper published in the parish, by posting in three public 
places in the subdivision ordering the election. Four weeks’ 
publication in a newspaper shall constitute a publication for 
thirty days, provided thirty days intervene from the date on 
which the publication is first inserted and the day on which the 
election takes place. 

(Who is Entitled to Vote, S. 4, A. 256, MO.) 

The property taxpayers, qualified as electors under the Con¬ 
stitution and laws of this state, shall be entitled to vote at such 
elections, the qualifications of such taxpayers as voters to be 
those of age, residence and registration as voters; provided that 
resident women taxpayers shall have the right to vote at all 
such elections without registration, in person or by their agents 
authorized in writing, which written authorization shall be at¬ 
tached to such agent’s ballots, respectively; provided, that when¬ 
ever the limit and boundaries of any municipal corporation have 
been extended under the laws of this State, and the assessment 
roll that is to include the property in the extended limits has not 
already been made for said municipal corporations, those who 
have become property taxpayers for said municipal corporation 
by the extension of its limits and who are qualified under the 
Constitution and laws of this State to vote, shall be permitted 
to vote under this Act, and that the assessment of the property 
within such municipal corporation as extended shall, for the 
purpose of ascertaining the assessed valuation of property here¬ 
in and for the purpose of any election under this Act, be taken 
from the last assessment roll of the parish. 

(Election Held Under Supervision and at Expense of School Board, 
S. 5, A. 256, MO ) 

Such elections shall be conducted under the supervision and 
at the expense of the subdivision ordering the same, the govern¬ 
ing authority of which shall appoint for each polling place three 
commissioners and one clerk of election (all of whom shall be 
registered voters), designate the polling places, provide the 
ballot boxes, ballots, the necesary blanks for tally sheets, lists of 


47 


voters, valuation of property and compiled statement of the 
voters in number and amount, and fix the compensation of such 
election officers. 

(Duty of Registrar of Voters, S. 6, A. 26, ’10.) 

It shall be the duty of the registrar of voters to furnish the 
commissioners appointed to hold such election with the lists of 
taxpayers entitled to vote in person or by proxy at such elec¬ 
tions, together with the valuation of each taxpayer’s property 
as shown by the assessment roll last made and filed prior to 
each election; provided that, when any taxpayer’s name and 
valuation of property shall be omitted from such list or erro¬ 
neously entered thereon the commissioners of election shall have 
authority to receive affidavits of such taxpayer’s right to vote 
and of the proper assessed valuation of his property, which affi¬ 
davit shall be attached to such taxpayer’s ballot. 

(Manner of Challenging Voters, S. 7, A. 256, ’10.) 

Whenever the vote of any taxpayer shall be challenged, the 
commissioners of election shall receive in writing the grounds of 
challenge, signed by the person or persons challenging such 
vote, together with the challenged taxpayer’s statement of his 
asserted right to vote, and attach such challenge and statement 
to his ballot. 

(Form of Ballots, S. 8, A. 256, '10.) 

The ballots provided for any election held under the provi¬ 
sions of this Act shall be of such form as to enable the voters 
to vote in favor or against the proposition submitted, and that 
when more than one proposition shall be submitted at the same 
time, they shall be so submitted as to enable one voter to vote 
on each proposition separately. The ballots to be used at such 
election shall be in the following form: 


48 


For the Levying of a Tax. 


Proposition to levy a. 

Yes 

mill (Rate) 

tax on all the property subject to State taxation in 

(Subdivision) 

(Term) 

(Here state the purpose of the tax) 

Taxable valuation $. 

No 

(Signature of Voter). 

Notice to Voters: To vote in favor of the proposition sub¬ 
mitted upon this ballot place a cross (X) mark in the square 
after the word “Yes;” to vote against it place a similar mark 
after the word “No.” 

For the Issuance of Bonds. 

Proposition to incur debt and issue bonds of 
. to the amount of. 

Yes 

(Subdivision) (Amount) 

to run .years, bear- 

(Term) 

ing interest at the rate of.... 

(Rate) 

per centum per annum, payable for the. 

(Annually or semi-annually) for the purpose of 
(Here state the purpose of debt) 

No 

Taxable valuation $. 


Signature of Voter. 


Note: The voter should be instructed to write his name on the 
BACK of the ticket. 


Notice to Voters: To vote in favor of the proposition sub¬ 
mitted upon this ballot place a cross (X) mark in the square 
after the word “Yes”; to vote against it place a similar mark 
after the word “No.” 
























49 


(Manner of Selecting Sgbstitute Commissioners, etc., S. 9, A. 256, ’10.) 

Whenever any commissioner or clerk of election, appointed 
as provided in Section five of this Act shall be unable, fail, or 
neglect to attend or serve at the polling place designated at the 
hour fixed for the opening of the polls, or within one hour there¬ 
after, the commissioner or commissioners present shall appoint, 
or in the absence of all the commissioners the voters present shall 
elect the necessary number of commissioners and clerks, who 
shall have the same powers, compensation and duties as other 
commissioners and clerks, to serve in the place and stead of 
such absent or delinquent appointees. 

(Oath of Election Officers, S. 10, A. 256, '10 ) 

The commissioners and clerks of such elections, before open¬ 
ing the polls, shall be sworn to perform all the duties incumbent 
on them as such, the oath to be taken before any officer author¬ 
ized to administer oaths, or by the Clerk and each commissioner 
before any other commissioner, such commissioners of election 
being authorized to administer any oath and to receive any 
affidavit provided for in this Act. 

(Voter's Name to Be Endorsed on Ballot, S. 11, A. 256, '10.) 

Each voter’s name shall be endorsed on his ballot; provided 
that ballots voted by proxy shall have endorsed thereon the 
names of both the taxpayer and of her proxy. 

Note: Attorney General Guion ruled that persons voting: for a spe¬ 
cial school tax or having to vote for a proposition to fund taxes into 
bonds shall endorse their names on the back of the tickets. The voter’s 
name and the value* of his property will appear on the face of the ticket 
i.n the blanks arranged for this purpose, but the voter’s name should 
also be endorsed on the back of the ticket. 

(Manner of Voting, S. 12, A. 256, ’10.) 

The commissioners of election shall receive the ballot of each 
voter, check his name, or that of his principal, on the list of 
voters furnished by the register as having voted, enter and 
number his name, or that of his principal, on the list of tax¬ 
payers voting, and immediately deposit his ballot in the ballot 
box, reserving to each voter the right to so fold his ballot that it 
shall not be known at the time of his voting whether he has 
voted in favor of or against the proposition or propositions sub¬ 
mitted. 


50 


(Time of Opening and Closing Polls, S. 13, A. 256, ’10.) 

The polls of election ordered and held under the provisions 
of this act shall, on the day appointed for any such election, 
open at seven o’clock a. m. and remain open until and not later 
than five o’clock p. m.; provided that no election shall be viti¬ 
ated by a failure to open the polls at the time prescribed or by 
closing the same before the time prescribed, unless, on a contest, 
it be proven that voters were thereby deprived of their votes 
sufficient in number and amount to have changed the result of 
such election. 

(Manner of Compiling Votes, S. 14, A. 256, ’10.) 

That immediately after the closing of the polls, the commis¬ 
sioners shall, in the presence of the bystanders proceed to open 
the ballot boxes, count the ballots found in the box and check 
same with the list of voters kept, then proceed to count the votes 
in number and amount, keep in duplicate tally sheets showing 
the votes in number in favor of and against the proposition or 
propositions submitted and showing valuation of property in 
favor of and against same, make in duplicate compiled state¬ 
ments of the vote in number and amount, both in favor of and 
against such proposition or propositions; that after swearing to 
the correctness of the numbered list of voters, the duplicate tally 
sheets and duplicate compiled statements, they shall deposit the 
ballots, the registrar’s list of voters, the numbered list of tax¬ 
payers voting, one duplicate tally sheet and one duplicate com¬ 
piled statement, in the ballot box, immediately seal up said ballot 
box and, within forty-eight hours after the closing of the polls, 
deliver said sealed ballot boxes with their contents to the au¬ 
thorities ordering such election and shall within the same delay 
deliver the other duplicate tally sheet and the other duplicate 
compiled statement to the Clerk of the District Court of the 
parish in which such election has been held, who shall file the 
same in his office. 

If the election commissioners on counting the ballots find 
that they do not correspond with the list of voters, they shall 
before counting the ballots, examine same for the purpose of 
finding the discrepancy; and if it should be found that any 
ballots have been duplicated the same shall be destroyed, or if 
it is found that the name of the voter has been omitted from the 
list of persons voting, same shall be added to said list. 


51 


(Returns Canvassed by Governing Authority, S. 15, A. 256, ’10.) 

On the day and at the hour and place named in the notice 
ordering such election, the authorities under whose orders such 
election has been held, shall, in public session, proceed to open 
the ballot boxes, examine and count the ballots in number and 
amount, examine and canvass the returns and declare the results 
of such election, which result they shall thereafter promulgate 
by publication in one issue of the official journal, or other 
newspaper of the parish, where there is no official paper, or 
by posting where no newspaper is published. 

(Proces Verba! Required, S. 15, A. 256, ’10.) 

The authority ordering the election shall keep a proces verbal 
of the manner in which the ballot boxes have been opened, the 
returns canvassed and the result of the election ascertained and 
shall forward a copy of said proces verbal to the Secretary of 
State, who shall record the same, another copy to the Clerk of 
the District Court, who shall also record said copy in the mort¬ 
gage records of the parish, and the remaining copy shall be re¬ 
tained in the archives of the office of the authority ordering the 
election. 

(Returns Kept Three Months, S. 16, A. 256, MO.) 

The custodian of the archives or records of the authority 
ordering such election shall preserve, for the term of three 
months from the date of promulgation of such election the bal¬ 
lots and other returns thereof. 

(Election Incontestible After Sixty Days, S. 17, A. 256, MO.) 

For a period of sixty days from the date of the promulgation 
of the result of any such election, any person in interest shall 
have the right to contest the legality of such election for any 
cause; after which time no one shall have any cause of action 
to contest the regularity, formality, or legality of said election 
for any cause whatever. If the validity of any election held 
under the provisions of this Act is not raised within sixty days 
herein prescribed, then no governing authority of any sub¬ 
division herein named, required to levy a tax or issue bonds 
as authorized at an election or under this Act, shall be per¬ 
mitted to refuse to perform that duty and urge as an excuse or 
reason therefor, that some provision of the Constitution or law 
of Louisiana has not been complied with, but it shall be con- 


52 


clusively presumed that every legal requirement has been com¬ 
plied with, and no court shall have authority to inquire into 
such matters after the lapse of sixty days as herein provided. 

(Majority in Number and Amount Necessary to Carry an Election, S. 

18, A. 256, ’10.) 

Any proposition submitted by the governing authority of 
any subdivision as herein authorized either for the purpose of 
levying a tax, incurring a debt, or issuing bonds, must be voted 
for by a majority in number and amount of the property tax¬ 
payers, qualified as electors under the Constitution and laws 
of this State, voting at an election held for that purpose as 
herein provided, before any such tax shall be levied, or before 
any debt shall be incurred or bonds issued. 

• (Duty of Governing Authority to Levy and Assess Special Tax, S. 19, 
A. 256, ’10.) 

In the event that any election ordered and held as aforesaid 
shall result in favor of the proposition to levy and assess special 
taxes upon the property subject to taxation in the Subdivision, 
the Police Jury for the Parish, Ward or Road District and the 
Governing Authority of any other Subdivision named herein 
shall, after the promulgation of the result of such election and 
pursuant to the terms of the proposition submitted levy and 
assess the said special taxes on such property. 

(Tax Not to Exceed Constitutional Limitation.) 

Provided that the total rate of taxation so imposed shall not 
exceed the Constitutional limit, nor shall such tax run for a 
greater number of years than the number named in the proposi¬ 
tion submitted, nor be imposed for any other purpose than that 
named in such proposition. 

(Bonds; Regulations for Same, S. 20, A. 256, ’10.) 

In the event that any election ordered and held for the pur¬ 
pose of incurring debt and issuing negotiable bonds therefor 
shall result in favor of the proposition, the Police Juries for 
their respective Parishes, Wards or Road Districts and the gov¬ 
erning authorities of all other Subdivisions shall, after the pro¬ 
mulgation of the result of such election and pursuant to the 
terms of the proposition submitted, by resolution incur the debt 
and issue negotiable bonds therefor, to be signed by the Presi¬ 
dent or Chairman and Secretary of the authority issuing the 


53 


bonds, provided the bonds shall be issued for no other purpose 
than that stated in the submission of the proposition to the 
property taxpayers, nor for a greater amount than therein men¬ 
tioned, nor for any other purpose than the purpose set forth in 
the proposition submitted to the property taxpayers and as 
authorized by the Constitution of the State, nor run for a longer 
time than that named in the proposition not exceeding forty 
years nor bear a greater rate of interest than five (5) per cent¬ 
um per annum, payable annually, nor issued for a greater 
amount than ten per centum of the assessed value of the sub¬ 
division, including any prior bond issue nor be sold by the 
authorities issuing same for less than par. 

(Collection of Taxes Governed by General Laws, S. 23, A. 256, ’10.) 

All the articles and provisions of the Constitution of 1898 
and all the laws in force or that may be hereafter enacted 
regulating and relating to the collection of State taxes and tax 
sales shall also apply to and regulate the collection of the spe¬ 
cial taxes or forced contribution, imposed under the provisions 
of this Act, through the officer whose duty it shall be to col¬ 
lect the taxes and moneys due the municipal corporation, par¬ 
ish, or drainage district, imposing such special taxes, or forced 
contributions. 

(Proceeds of Bonds a Trust Fund for Payment of Interest and Prin¬ 
cipal of Bonds.- S. 24, A. 256, ’10.) 

The proceeds of the sale of all bonds issued under the pro¬ 
visions of this Act shall constitute a trust fund, to be used ex¬ 
clusively for the purpose or purposes for which said bonds are 
authorized to be issued. That any income derived from the 
particular improvement purchased or constructed, when so set 
aside by resolution of the governing body of the subdivision 
shall, after the expense and cost of maintenance of said im¬ 
provements are paid, constitute a trust fund to be devoted to 
the payment of the interest on the indebtedness so contracted, 
and any surplus, after the payment of such interest, shall be 
placed in the sinking fund to be used in the extinguishment of 
the principal of said obligation or bonds at maturity. 

(Proceeds of Special Taxes Collected a Trust Fund, S. 25, A. 256, ’10.) 

The proceeds of any special tax which have been voted for a 
particular purpose as authorized by the Constitution and the 


54 


provisions of this Act shall constitute a trust fund to be used 
exclusively for the objects and purposes for which the tax was 
levied and shall from year to year as collected be kept separate 
and used for no other purpose than the purpose for which the 
said tax was voted. 

(Sinking Fund to Be Set Aside, S. 26, A. 256, ’10.) 

If the bonds to be issued are to be paid out of funds realized 
from a tax, an acreage tax or forced contribution, which tax, 
acreage tax or forced contribution is limited and a fixed amount 
required to be collected each year, then the governing authority 
issuing the bonds and levying the acreage tax, shall, beginning 
at a yearly period before the maturity of such debt or bonds, 
which period shall never be less than one-fourth of the whole 
term for which said debt is incurred, or said bonds are issued, 
set aside annually, from said trust fund derived from said tax, 
acreage tax or forced contribution, a sinking fund for the pay¬ 
ment of the principal of said debt, or said bonds, at least one 
fraction of the principal of said debt, on said bonds, said frac¬ 
tion to be ascertained by dividing the principal of said debt or 
of said bonds by the remaining number of whole years before 
the maturity of said debt or bonds; and that the sinking fund 
thus set aside shall be sacredly applied to the payment of such 
debt and such bonds. The time from the commencement of the 
provision of a sinking fund as herein required, until the ma¬ 
turity of the said debt or of said bonds to be known as the re¬ 
demption period. 

(Tax to Pay Principal and Interest Must Be Levied Every Year, S. 27, 
A. 256, ’10.) 

The governing authority of a Subdivision incurring debt and 
issuing bonds as herein contemplated, shall annually, at the same 
time that the other taxes are levied, or at any other time, in ad¬ 
dition to all other taxes now authorized by the Constitution and 
laws of the State of Louisiana, and in addition to any special 
tax that may be levied at any election called and held for 
that purpose, levy a tax sufficient to pay the interest and prin¬ 
cipal on said bonds becoming due the ensuing year. When a 
period is fixed at which such bonds shall begin to mature, the 
total amount of indebtedness shall be divided among the num¬ 
ber of years in which payments are to be made and the prin- 


55 


cipal to be paid each year, fixed at such amount that when the 
total annual interest is added thereto the amount to be paid each 
year shall be as nearly equal and uniform as possible. Such tax 
may be levied and extended upon the assessment roll at any 
time prior to the final collection of the taxes for that particular 
year. If the authority herein authorized to levy and assess such 
tax should fail, neglect or refuse to do so before the completion 
of the assessment rolls, the Auditor of Public Accounts shall be 
authorized and it shall be his duty to name the rate of such tax 
and order same extended upon the assessment rolls and col¬ 
lected. 

(Maturity of Bonds Must Be Fixed, S. 28, A. 256, '10.) 

Whenever a debt has been authorized to be incurred, the 
governing authority issuing bonds to evidence such debt shall 
fix a time certain at which the bonds shall begin to mature, 
which shall not be longer than five years from the date of said 
bonds. After fixing such date, then the governing authorities 
shall fix the denomination of the bonds due each year thereafter 
for an amount that when the annual interest is added thereto 
the total amount to be paid, including principal and interest, 
each year shall be as nearly equal as practicable. 

(Bonds Shall Be Registered by Secretary of State, S. 31, A. 256, ’10.) 

All bonds issued by any of the subdivsions of the State as 
herein defined, shall, after the time has elapsed in which the 
validity of such bonds can be contested, to-wit, sixty days from 
the date of the promulgation of the result of the election, in¬ 
curring the debt and ordering the issuing of such bonds, be reg¬ 
istered by the Secretary of State and shall have endorsed there¬ 
on the words: ‘ ‘ This bond secured by a tax. Registered on this 

the.day of., 19.and signed by 

the Secretary of State w T ith the Great Seal of Louisiana affixed. 

(Election Officers Vested with Same Authority as in General Elections, 
S. 32, A. 256, ’10.) 

The commissioners and clerks of elections held under the 
provisions of this Act shall have the same powers and duties in 
conducting said elections and in preserving order at the polls, 
as are conferred and imposed upon such officers under the 
general election laws of this State; and that whatever is de¬ 
clared in the general election laws to be a felony, other crime, or 




56 


misdemeanor, shall be such for any election held under the pro¬ 
visions of this Act, and shall be punished in the same manner; 
that any wilful failure or neglect to comply with the require¬ 
ments of this Act or any wilful violation of same, by any of¬ 
ficer, agent, or employee, of any subdivision herein defined, 
availing itself of the provisions of this Act, shall be a crime and 
shall be punished by a fine of not less than twenty-five dollars 
nor more than five hundred dollars, or by imprisonment not ex¬ 
ceeding one year, with or without hard labor, or by both such 
fine or imprisonment, at the discretion of the court. 

(All Special Tax Elections Hereafter, Governed by This Act, S. 33, 
A. 256, MO.) 

Nothing in this Act shall be held or construed to invalidate, 
or render illegal the acts, proceedings, elections, taxes, debts, 
bonds, ordinances, resolutions, bids, agreements, contracts or 
obligations, done, had, held, levied, authorized to be levied, in¬ 
curred, authorized to be incurred, issued, authorized to be is¬ 
sued, adopted, accepted, or entered into, pursuant to any article 
of the Constitution, by any subdivision herein named (the City 
of New Orleans excepted) prior to the passage of this Act; 
that any provision in the charter of any municipal corporation 
of this State (the City of New Orleans excepted) in conflict with 
the provisions of this Act for the immediate submission of the 
proposition herein specified to the property taxpayers of said 
corporation in an election ordered by same under this Act and 
for the immediate levy of said tax when duly authorized, be 
and the same, insofar as it is in conflict therewith, is hereby 
repealed. 

(Opinion of Attorney General Guion on Qualifications of Voters in 
Special School Tax Elections.) 

1. A person who may have purchased property from another, 
in whose name the same was standing, may vote at a special elec¬ 
tion, as the owner of such property, although his name does not 
appear on the assessment roll, for Act No. 256 of 1910 provides, 
in Section 4, that it is “ property taxpayers, qualified as electors 
under the Constitution and laws of this State” who may vote 
at such elections. 

The law does not indicate that the property should be as¬ 
sessed in the name of the voter, but that he should be the owner 


57 


of the property, or, in other words, the taxpayer who offers to 
vote. In other words, where property is assessed in the name 
of a certain person, who sells the same, the purchaser may vote 
at a special tax election, the value of such property, although 
the property is assessed in the name of another. 

2. A qualified voter, owning property, may vote the same 
at such election, if registered as a voter and if he has paid his 
poll taxes, and his signature may be made by making his ordi¬ 
nary mark attested by the commissioners of election. 

3. The registration books must close thirty days before the 
election, for Article 213 of the Constituion of 1898 declares that 
“ electors shall not be registered within thirty days next preced¬ 
ing any election at which they may offer to vote.” 

(The above opinion was rendered August 24, 1911.) 

OPINION GIVEN BY ATTORNEY GENERAL PLEASANT ON QUAL- . 

IFICATIONS OF VOTERS IN SPECIAL SCHOOL 
TAX ELECTIONS. 

MAN. 

1. Must be twenty-one years of age, or older, and resident 
of taxing district. 

2. Must be duly registered as voter more than thirty days 
before the election. 

3. Must have been assessed, in the taxing district to be 
affected, with property the year previous to the year in which 
the special election is held. 

4. Payment of necessary poll taxes is required—that is, men 
between the ages of twenty-one and twenty-three must have paid 
all poll taxes assessed against them, and men between the ages of 
twenty-three and sixty must have paid poll taxes for and during 
the two years next preceding the year in which they offer to 
vote, but men over the age of sixty are not required to pay poll 
taxes. 

5. If residence has been changed from precinct less than six 
months before the election, voter may return and cast his ballot 
in said precinct. If he has lived in the new precinct more than 
six months, he must change his registration to the new precinct 
in order to vote, as he cannot vote in the old precinct. 


58 


6. A man cannot vote by proxy, neither can he vote his 
property by proxy. He must cast his ballot personally for hiim 
self and for his property. 

WOMAN. 

Must have same qualifications as men. 

PROPERTY. 

1. All assessed personal and real property, located anywhere 
in the taxing district, owned by voter in separate estate may be 
voted (except such as may be indicated below). 

2. The survivor in community, whose interest in the com¬ 
munity is judically established and assessed, may vote the 
property. 

3. A resident taxpayer owning shares of stock in a bank 
within the limits of a taxing district may vote the property. 

4. A usufructuary is not a property taxpayer with respect 
to the propetry subject to the usufruct and cannot vote the 
property. 

5. Decedents’ estates cannot be voted. 

6. Joint owners of assessed property may vote, each to the 
extent of his individual interest, but the property must not be 
owned by the firm and in a firm name, such as “Jones Bros.” or 
“John Doe & Co.”; but, if owned by Robert Jones and Edward 
Jones, for instance, the title must so show, giving their names 
specifically, in which event it may be voted as above indicated. 
See 112 La. Rep., p. 783. 

7. Corporations cannot vote, nor can the shares therein be 
voted, except bank stock, as above shown (see tax statute of 
1898). Neither can any other kind of company or association of 
persons, as such, vote, nor will the signatures of same give effect 
to a petition calling for an election. 

See Constitution, Art, 197, et seq.; Articles 270 and 281; Act 
20 of 1898; Act 22 of 1904; Sec. 3 of Act 145 of 1902; Act 218 
of 1912. 

(Date of above opinion, May 18, 1914.) 

(Agriculture and Home Economics to Be Taught in Schools, A. 306, '10.) 

In addition to the branches in which instruction is now given 
in the public schools of the State of Louisiana, instruction shall 
also be given in all the elementary and secondary schools of the 


59 


State in the principles of agriculture or horticulture and in 
home and farm economy. 

(Receipt for Poll Tax, S. 1, A. 87, ’10.) 

Before any persons serving as jurors or witnesses in criminal 
cases shall receive the compensation to which they are entitled 
for their mileage and per diem, they shall exhibit to the clerk of 
the court a receipt for the poll tax or taxes due by them. 

(Deduction of Witnesses’ and Jurors’ Compensation, for Poll Tax, S. 2, 
A. 87, ’86.) 

On their failure to produce such receipt the clerk of court or 
other officer, issuing certificates or warrants for their mileage 
and per diem, shall issue certificates or warrants for amount less 
the poll tax due, and shall issue the certificate or warrants for 
amounts so reserved for poll tax, to the treasurer of the school 
board of the parish, who shall collect same. 

(Poll Tax Collections of Orleans, S. 1, A. 56, ’94.) 

The collections of poll taxes in the Parish of Orleans, to¬ 
gether with all the processes, commissions and obligations inci¬ 
dent thereto, as now provided by law, are vested in the treas¬ 
urer of the City of New Orleans. 

(Survey, S. 2959, R. S.) 

Before making sale of the school lands belonging to the State 
it shall be the duty of the parish treasurer, or other persons 
whose duty it may become to superintend the sales, to cause a 
re-survey of such lines as from any cause may have become ob¬ 
literated or uncertain; and for this purpose he is authorized to 
employ the parish surveyor, or on his default, any competent 
surveyor; and the lines thus surveyed shall be marked in such 
manner as to enable those interested to make a thorough exami¬ 
nation before sale, and all advertisements made for the sale of 
such lands shall contain a full description thereof according to 
the original survey and that required by this section. The 
expenses of the survey shall be paid by the Auditor of Public 
Accounts out of the proceeds of the sale of the lands on the 
warrant of the parish treasurer. 

The proceeds of sales of 16th sections or timber on 16th sections 
should be deposited with the State Treasurer, and the interest should 
be credited to the general school fund of the parish. 


60 


(Rights of Way May Be Granted to the United States by the School 
Boards, A. 14, ’08.) * 

The Parish Board of School Directors of any parish within 
the State shall have authority by resolution duly passed by said 
board, when in its judgment it is to the manifest interest of the 
public in general, and in order to facilitate the construction, 
maintenance and operation of canals, or a portion of a canal, or 
branch of any canal, constructed by or under the authority of 
the United States for the purpose of transportation or for pur¬ 
poses of extension or improvement of the public waterways, to 
donate to the United States of America rights of way over and 
across any of the lands belonging to the public schools located 
within the parish in which said board is constituted or organized, 
which grant or donation may be made without any previous ad¬ 
vertisement thereof, when authorized by a resolution of said 
board to sign an act of conveyance evidencing such grant or 
donation; provided, however, that the said Parish Boards of 
School Directors shall in every case reserve the right to control, 
occupy and use any part of said rights of way not actually 
needed by the United States in the manner and to the same 
extent as before conveying said rights of way, and also the right 
to transfer, lease, quit-claim, or otherwise dispose of the said 
rights of way and every part thereof, subject to the grant made 
to the United States. 

(Sale of Uninhabitable Lands, S. 1, A. 108, ’94.) 

All sixteenth section lands located in a township not habit¬ 
able by reason of the land being swamp or sea marsh, the school 
board of the parish in which such lands are located may present 
an application for sale of such sixteenth section land to the 
Auditor of Public Accounts, in which they shall set forth the 
location of the township, its character and the reason upon 
which a sale is desired, and upon receipt of such application 
duly signed by the president and secretary thereof, the Auditor 
may authorize the sale, if in his judgment a sale should be 
made. 

(Sale Conducted in the Same Manner as Othersi, S. 2, A. 168, ’94.) 

In case a sale is ordered as provided for in Section 1 of this 
Act, the parish treasurer shall make such sale in the same man¬ 
ner, and upon the terms and conditions as is now provided by 


61 


law, for the sale of sixteenth section lands; provided this Act 
shall not apply to sixteenth sections now leased to parties for 
a term of years. 

(Sale of Sections Divided by Parish Lines, A. 147, '57.) 

When the sixteenth section of any township is divided by a 
parish line, the treasurer of the parish in which a greater por¬ 
tion of the section may lie, shall proceed to take the sense of the 
people of the township, and to sell the same as provided by law, 
as if the whole section lay in his parish; provided, that the 
same shall be advertised at the courthouses of both parishes. 
(Treasurer’s Commission, A. 33, ’59.) 

Parish treasurers of the several parishes shall be entitled to 
retain out of the proceeds of the sale of sixteenth sections ef¬ 
fected by them a percentage of two and one-half on the amount 
of said sales, to be deducted from the cash payment, and the 
same shall be in full compensation of their services. 

(Proceeds of Lands Accruing to Townships, S. 2963, R. S.) 

All moneys that have been or may hereafter be received into 
the State Treasury, and the interest that has or may accrue there¬ 
on from the sale of sixteenth sections of school lands or the school 
land warrants belonging to the various townships in the State, 
shall be placed to the credit of the township, and should the peo¬ 
ple of any township desire to receive for the use of the schools 
therein the annual interest payable by the State on funds depos¬ 
ited to their credit, or the annual proceeds of the loans, the par¬ 
ish treasurer shall, on the petition of five legal voters in any 
such township, order an election to be held in the township, as 
provided for the sale of township lands; and if a majority of 
any number of votes above seven be in favor of receiving an¬ 
nually the accruing interest as aforesaid, the same shall be paid 
to the treasurer of the parish for the use of the township or 
district; otherwise the interest shall be an accumulating fund to 
their credit until called for. 

Note: It should be remembered that the parish school board has 
entire charg-e of all proceeding’s connected with 16th sections. 

(Mode of Annulling Sales, S. 2965, R. S.) 

In all cases of the sale of the school land known as sixteenth 
sections, heretofore made, where the purchase money has not 
been paid, the purchaser or purchasers shall have the right to 


62 


annul the sale upon application to the district court of the parish 
where the land is situated; provided, that the judgment of null¬ 
ity shall be obtained at the cost of the applicant and contradicto¬ 
rily with the district attorney, in conjunction with the school 
directors of the district in which said land is situated, who shall 
be made a party defendant in such suit; provided, also, that it 
shall appear upon the hearing that the value of the land has not 
been impaired by any act of the purchaser; and provided fur¬ 
ther, that nothing in this Act shall be so construed as to entitle 
the said purchaser to repayment of any part of the purchase 
money already paid. 

(Auditor’s Duty in the Collection of Notes, S. 1, A. 57, ’84.) 

It shall be the duty of the Auditor of Public Accounts, im¬ 
mediately on the passage of this Act, to forward for collection 
to the treasurer of the school board in their respective parishes 
throughout the State, all the notes given for the purchase price 
of sixteenth sections, ,or any part thereof, known as free school 
lands, whenever any installment of said purchase price has be¬ 
come due or may become due, and it shall be the duty of said 
treasurer of the parish school board to receive and receipt for 
same. 

(School Board Treasurer’s Duty in the Collection of Notes, S. 2, A. 57, 
’84.) 

It shall be the duty of the treasurer of the parish school 
board, on receipt of the notes due and given for said sixteenth 
sections, to immediately notify the principal and his sureties, in 
writing, of the amount of said note, principal and interest, due 
and unpaid; provided, said lands for which said notes were 
given are still in possession of the original purchaser, and if in 
the possession of other parties, such possessors shall also be like¬ 
wise notified of all the demands, principals and interest, against 
said lands, and if all the demands against the same be not satis¬ 
fied within thirty days from said notice, it shall be the duty of 
the treasurer of the parish school board to turn over said notes 
to the district attorney for said district, or other attorney se¬ 
lected by the school board, for suit; and provided further, that 
said notice shall serve as a bar to prescription, which shall only 
begin to run from the service of said notice. 


63 


(Attorney's Duty in the Collection of Notes, S. 3, A. 57, '84.) 

It shall be the duty of said attorney to proceed without delay, 
by all necessary legal processes, and without depositing clerk’s 
or sheriff’s costs, or giving security therefor, to collect all such 
notes as may be turned over to him by said treasurer of the 
parish school hoard, and given for sixteenth sections, known as 
free school lands, and if any of the conservatory writs shall be 
found to be necessary in order to aid in said collection, it shall 
be lawful to issue the same, without giving bond as required in 
other cases. 

(Attorney’s Compensation, S. 4, A. 57, '84.) 

The said attorney shall receive ten per cent of all moneys 
collected by him on notes given for sixteenth sections, and after 
deducting said ten per cent he shall turn over the remainder to 
the treasurer of the school fund for the parish in which the 
lands are situated, and the same shall be transmitted through 
the Auditor of Accounts, by said treasurer, to the State Treas¬ 
urer; and any moneys thus received into the State Treasury 
from said collections shall bear interest at the rate of four per 
cent per annum, and be credited to the township to which the 
same belongs, according to the provisions of the Act of Con¬ 
gress. 

(When Scrip May Issue, S. 2952, R. S.) 

When such locations cannot be made, if deemed more advan¬ 
tageous to the State, the Register, with the assent of the Federal 
Government, is authorized to issue scrip for such lands, which 
scrip shall not be sold for a less amount than one dollar and 
twenty-five cents per acre. 

(Duty of the Auditor in Fixing Capital Due the Townships, A. 96, ’86.) 

It shall be the duty of the Auditor of Public Accounts by the 
1st day of January, 1887, to ascertain the amount of capital that 
may be due the several townships from the proceeds of the sales 
of sixteenth sections, made since the 1st day of January, 1880, 
and actually paid into the State Treasury. The amount thus 
ascertained shall be the capital upon which interest shall there¬ 
after be allowed and paid out of the interest collected on the 
said bonds to the townships, the sixteenth sections of which have 
been sold since the 1st of January, 1880, and the proceeds 


64 


actually paid into the State Treasury, and the proceeds so paid 
invested as required by law. 

In calculating the interest due the several townships, no in¬ 
terest shall be allowed for fractions of the year during which 
the receipts shall have come into the treasury; but it shall com¬ 
mence at the beginning of the first of January of the next year. 

The interest due upon the capital ascertained as aforesaid, 
and the interest due upon subsequent sales, shall be paid to the 
township in the manner now provided for by law. It shall be 
the duty of the Auditor to furnish the Treasurer and Superin¬ 
tendent of Public Education with a statement of the amount 
due each township. 

(Lake Beds Sold for Accounts of Schools, A. 124, ’02.) 

All islands, other than sea marsh islands, belonging 
to the State, as well as all other lands of the State, not the 
property of any levee district, nor within the limits of any levee 
district, which were formerly the beds of lakes, or other bodies of 
water, whether navigable or unnavigable, which are now, or 
may hereafter become dry in whole or in part by reason of the 
recession therefrom of the waters which formerly covered the 
same, be and the same are hereby declared to be open to entry 
and sale for account of the State for school purposes as here¬ 
inafter provided. 

(Proceeds of Sale of All Such Lands to Be Placed to the Credit of 
General School Fund, A. 124, ’02) 

The proceeds arising from the sales of said lands 
shall, when paid into the hands of the State Treasurer, be 
placed by him to the credit of the 'General School Fund of the 
State for the benefit of the public schools of the State as now 
provided by law; provided that in addition to the price paid 
the Treasurer the purchaser of any of the lands described in 
this Act shall pay to the Register the fees allowed by law. 

(Duty of School Board When Vote Is Against Sale of Lands, S. 1, A. 54, 
’10, amending A. 129, ’08, amending S. 2962 of the Revised 
Statutes.) 

Should a majority of the legal voters be against the sale of 
the lands, then it shall be the duty of the parish board of school 
directors of the parish in. which said lands are located to secure 
them from injury and waste and to prevent illegal possession or 


65 


aggression of any kind and to lease the same, or any part there¬ 
of, according to the provisions of the Act of Congress aforesaid 
as amended by Act of Congress approved June 12th, 1884, and 
to inform the State Superintendent thereof. 

(Advertising Lease; Security Required.) 

Such lease shall only be made after due notice shall have 
been given by advertisement, for at least thirty days, in the 
official journal of the parish, or in any paper published regu¬ 
larly in the parish containing the land to be leased, of the time 
and place where the land will be offered for lease to the high¬ 
est bidder. In all cases ample security shall be required, not 
only for the punctual payment of the rent but for the protec¬ 
tion of the lands from all kinds of waste and injury. Said 
parish board of school directors shall have the right to reject 
any and all bids offered for said lease, if in its judgment the 
bids do not reach a just and fair value of the lease. 

(Manner of Holding Elections on Sale of Timber; Lease of Oil and 
Mineral Rights) 

The Parish Board of School Directors shall have the author¬ 
ity, when in its judgment it is to the best interests of the schools 
of a township, to take the sense of the legal voters residing in 
such township relative to the sale of the timber on sixteenth 
section school lands situated therein or the lease or sale of oil 
and mineral rights on such land. Said vote shall be taken under 
the direction of said board, who shall give thirty days’ notice 
thereof in the parish journal, or in any paper regularly pub¬ 
lished in the parish, setting forth the time and place of the elec¬ 
tion to be held. The said board shall appoint one of its mem¬ 
bers to conduct the election, who shall hold open the polls and 
allow votes to be cast within the usual hours and in the usual 
manner of holding elections. 

(Affirmative Vote to Be Reported to State Superintendent and Auditor 
of Public Accounts.) 

If a majority of the votes cast are in favor of the sale of the 
timber, or the lease or sale of oil and mineral rights, the Parish 
Board of School Directors shall at once report the result of the 
election to the State Superintendent of Public Education and to 
the State Auditor of Public Accounts, and upon the order of the 
State Auditor the said board shall proceed to sell the timber or 


66 


lease or sell the oil and mineral rights, either or both, as the 
case may be, under the same formalities and requirements as 
provided for the lease of sixteenth section school lands herein¬ 
above set forth. 

(Notes Made Payable to Auditor of Public Accounts, Secured by at 
Least Two Solvent Sureties in Solido.) 

In all cases where a sale of timber or of oil and mineral 
rights is made under the provisions of this Act and deferred 
payments are allowed, the notes representing such deferred pay¬ 
ments shall be made payable to the order of the Auditor of 
Public Accounts, and their punctual payment shall be secured 
by at least two good and solvent sureties, who shall be liable “in 
*olido. ’’ 

(Leases or Sales of Timber, Oil and Mineral Rights to Expire Automat¬ 
ically After Ten Years.) 

In all cases where a sale of timber or the lease of or sale of 
the oil and mineral rights is made under the provisions of this 
Act, the purchaser thereof or his vendees, or the lessee, shall he 
allowed a period of not more than ten years in which to remove 
the timber or to utilize the oil and mineral rights. 

(Trespass on Sixteenth Section, S. 1, A. 14, ’82.) 

Whoever shall cut down, or remove for sale for his own use, 
or the use of another, any timber on any free school land in 
this State, belonging to the State, known as sixteenth section, 
shall he deemed guilty of a misdemeanor, and upon conviction 
shall be condemned to pay a fine of not less than fifty nor more 
than one thousand dollars, and, in default of the same, be sen- 
teheed to imprisonment not less than ten days nor more than 
one year. 

(Same, S. 2, A. 14, ’82.) 

Whoever shall knowingly use, cultivate or inclose any free 
school land, known as sixteenth section, without authority from 
the parish board of school directors, shall on conviction be con¬ 
demned to pay a fine of not less than fifty nor more than one 
thousand dollars, and in default of the same, be sentenced to 
imprisonment for not less than ten days nor more than one 
year. 


67 


(School Boards Authorized to Sue for Recovery of Damages and Tres¬ 
pass on Sixteenth Sections, S. 1, A. 158, ’10.) 

The several school boards of the various parishes of the State 
be and they are hereby authorized and empowered to contract 
with and employ on the part of the State of Louisiana, attor¬ 
neys at law, to recover for the State, damages for trespass to 
the sixteenth section known as school lands the title to which 
is still in the State, each of said Boards to have authority to - 
make said contracts for the lands situated in its own parish 
and no others; and the several school boards shall also have 
authority to sue for and recover the sixteenth section known as 
school lands. 

(Compensation of District Attorney and Other Attorneys, S. 2, A. 158, 
' 10 .) 

The attorney or attorneys thus employed shall work in con¬ 
junction with the district attorney for the parish in which the 
land is situated; that the compensation of the district attorneys 
shall remain as now fixed by law; that the compensation of the 
other attorney or attorneys employed shall he fixed by contract 
between the respective school boards and the attorney or attor¬ 
neys employed and shall in each case be a contingent fee, condi¬ 
tioned upon recovery; shall in each case be a fixed percentage 
of the amount recovered, and shall in no case exceed twenty-five 
per cent of the amount recovered; provided that if more than 
one attorney is thus employed for the same cause, the same fee 
shall be paid to the whole number of attorneys, as if only one 
had been employed. 

(Manner of Bringing Suits, S. 3, A. 158, ’10.) 

Suit in all such cases shall be brought in the name of the 
State of Louisiana, and the attorneys employed as aforesaid, 
shall sue for the value of all timber cut and removed from any 
such lands, as well as any and all other legal damages caused 
by any such trespass. 

(Authority Applies to Sixteenth Sections Illegally Acquired.) 

The authority given by this Act shall apply to all sixteenth 
sections donated by Congress to this State in trust for public 
school purposes, and to which the State has never legally parted 
with the title; and the suits herein authorized may be brought 
against those who claimed the right to cut and remove timber 
from such lands, under color of title. 


68 


(Residue of Amounts Recovered to Be Paid Into State Treasury.) 

Each and every amount recovered for the State as herein 
provided shall, after deducting and paying the attorney’s fees 
as herein provided, and all other lawful costs and charges, be 
paid into the State Treasury, to be kept on the books of the 
Auditor and Treasurer, to the credit of the township in which 
the land is situated, in the same manner as now provided by 
law for the proceeds of the sale of such sixteenth sections. 

(To Provide for the Sale of School Indemnity Lands, Act 207 of ’02.) 

Section 1. That all lands now owned by, or which may here¬ 
after inure to the State from the United States Government as 
indemnity for school lands, shall be disposed of as hereinafter 
provided. 

Section 2. That the Register of the State Land Office shall 
cause to be advertised for sale at public auction for thirty clear 
days, a list of the lands to be sold, which have not already been 
advertised, the publication to be made in a newspaper published 
in the parish where the land is to be sold is situated, and no 
land to be sold shall be advertised in any paper published out¬ 
side of the parish where the same is situated. 

Section 3. That the Register shall adjudicate said lands at 
public auction to the last and highest bidder at his office and in 
case the land so offered for sale fails to bring at auction the 
price of two dollars and fifty cents ($2.50) per acre the same 
shall be withdrawn and shall be thereafter sold by him at private 
sale for two dollars and fifty cents per acre. 

Section 4. That the Register shall not issue a patent to the 
purchaser of said land until he shall have paid into the hands 
of the State Treasurer the purchase price of said lands. 

Section 5. In addition to the purchase price paid for said 
lands, the purchaser thereof shall pay to the Register the same 
fees, as in other cases where a patent is issued, and out of the 
purchase price so paid, the Treasurer of the State shall pay the 
cost of advertising said property and place the balance thereof 
to the credit of the various school boards entitled to receive 
same. 

Section 6. The provisions of this Act shall not refer nor 
apply to applications for the entry and sale of school indemnity 
lands which may be pending in the State Land Office at the 
time of the passage of this Act. 


69 


(Safe Which Can Be Made by the Land Register, A. 315, ’55.) 

It shall be lawful for the Register of the State Land Office, 
to sell, at the price stipulated by law, to any board of free 
school district directors of this State, any amount, not less than 
five acres, of any land within their school district, donated by 
Congress to this State, either for the use of a seminary of 
learning, or for the purpose of internal improvement, on which 
to erect a schoolhouse. 

(How Located, S. 2947, R. S.) 

Any land so sold shall commence in the corner of a legal 
division or sub-division of sections; and if in a right angle, it 
shall be run an equal distance on two sides, bounded by the line 
of such division, and form a square including the number of 
acres sold; if in an acute angle, it shall be bounded by said 
division lines to such distance, and by lines in such other direc¬ 
tions as the Register may deem most equitable between the land 
so sold and that retained; the patents for lands so sold shall 
issue to the free school directors and their successors, for the 
use of their district schools, setting forth the number, and of 
what parish. 

(Reservations of School Lands, A. 316, ’55.) 

The Register of the State Land Office is required to ascer¬ 
tain in what township in this State there are no reservations of 
school sections by reason of conflicting claims or from any other 
cause, or where the reservation is less than contemplated by 
law; and in such cases it is made his duty under the superin¬ 
tendence of the Governor, to apply for, and as soon as possible, 
obtain a location of any land or part of land in lieu thereof. 

(Grants and Reservations.) 

The lands granted in the States and reserved in the Terri¬ 
tories for educational purposes by -Acts of Congress from 1785 
to June 30, 1880, were: 

(For Public or Common Schools.) 

Every sixteenth section of public land in the States admitted 
to 1848, and every sixteenth and thirty-sixth section of such 
land in States and Territories since organized—estimated at 
67,893,919 acres. 


70 


(For Seminaries or Universities.) 

The quantity of two townships, or 46,080 acres, in each State 
or Territory containing public land, and, in some instances, a 
greater quantity, for the support of seminaries or schools of a 
higher grade—estimated at 1,165,520 acres. 

(For Agricultural and Mechanical Colleges.) 

The grant to all the States for agricultural and mechanical 
colleges, by Act of July 2, 1862, and its supplements of 30,000 
acres, for each Representative and Senator in Congress to which 
the State was entitled, of land “in place” where the State con¬ 
tained a sufficient quantity of public land subject to sale at 
ordinary private entry at the rate of $1.25 per acre, and of scrip 
representing an equal number of acres where the State did not 
contain such description of land, the scrip to be sold by the 
State and located by its assignees on any such land in other 
States and Territories, subject to certain restrictions. Land in 
place, 1,770,000 acres; land scrip, 7,830,000; total, 9,600,000 
acres. 

In all, 78,659,439 acres for educational purposes under the 
Reads above set out to June 30’, 1880. 

The lands thus ceded to the several States were disposed of 
or are held for disposition, and the proceeds used as permanent 
endowments for common school funds. (See Report of the Com¬ 
missioner of Education, Hon. John Eaton, to June 30, 1880; 
land and auditors’ reports for the several land States; Kiddle & 
Schem’s Dictionary of Education; and also ninth census, E. A. 
Walker, superintendent, for details of endowments of the several 
States for common schools resulting from the sales of United 
States land grants for education.) As an illustration, the State 
of Ohio has a permanent endowment for education, called the 
“Irreducible State Debt,” the result of sale of all granted lands 
for education, of $4,289,718.52. 

(Price of Seminary Lands, S. 2954, R. S.) 

The price of the seminary lands shall hereafter be fixed at 
one dollar and twenty-five cents per acre. 

(Disposition of Funds of Towns on the Recision of Their Charters* 
S. 6, A. 173, ’94.) 

If after paying all the debts of said town (upon the dissolu¬ 
tion and recision of its charter) there shall remain any balance 


71 


of money, the same shall be turned over to the school board of 
the parish to be used in the education of the children of school 
age residing within the territory covered by said town. 
(Prescription of Debts, etc., S. 8, A. 103, '80.) 

The term of prescription of any and all debts, due to any 
charitable institution in this State, and to any colllege fund, or 
any fund of any institution of learning, or to any fund be¬ 
queathed for charitable purposes of education, and of all debts 
contracted by borrowing the whole or part of any such funds, 
shall be thirty years; provided, the debt is evidenced in writing. 
(Free School Fund, S. 2957, R. 8.) 

The proceeds of all lands heretofore granted by the United 
States to this State for the use or support of schools except the 
sixteenth section in the various townships of the State specially 
reserved by Congress for the use and benefit of the people there¬ 
in ; and all lands which may hereafter be granted or bequeathed 
to the State, and not specially granted or bequeathed for any 
other purpose, which hereafter may be disposed of by the State, 
and the ten per cent of the net proceeds of the sales of the 
public land and which have accrued and to accrue to this State 
under the Act of Congress entitled “An Act to appropriate the 
proceeds of the public lands,” and to grant pre-emption rights, 
approved September 4, 1841; and the proceeds of the estates of 
deceased persons, to which the State has or may become, entitled 
by law, shall be held by the State as a loan, and shall be and 
remain a perpetual fund, to be called the Free School Fund, on 
which the State shall pay an annual interest of six per cent; 
which interest, together with the interest of the Trust Fund 
deposited with this State by the United States, under the Act of 
Congress approved the 23d of June, 1836, with the rents of all 
unsold lands, except that of the sixteenth sections, shall be ap¬ 
propriated for the support of public schools in this State; and 
donations of all kinds which shall be made for the support of 
schools, and such other means which the Legislature may from 
time to time set apart for school purposes, shall form a part of 
the fund’, and shall also be a loan on which the State shall pay 
an interest of six per cent per annum. 

It shall be the duty of the Treasurer of the State to apply 
annually, and to receive from the general Government, the said 


72 


ten per cent of moneys now due and to become due to this State, 
and to place the same, when received, to the credit of the proper 
fund, and to report thereon to each session of the General 
Assembly. 

(Special Sources of Revenue.) 

1. Act 85 of ’94.—Residue from sale of unclaimed merchan¬ 
dise in warehouse. 

2. Act 124 of ’90.—Residue from sale of unclaimed freight 

in railroad warehouse. # 

3. Act 124 (Sec* 1 and 7), ’02.—Proceeds from sale of 
11 island other than sea marsh islands. ’ ’ 

4. Sec. S. 2957, R. S.—From “Land Grants” other than the 
sixteenth section. 

5. Acts 39, 177, ’02.—From sale of “Internal Improve¬ 
ment” Swamp Indemnity Lands and Certificates. 

6. Act 180 of 1902. 

7. All fines and forfeited bonds. 

8. See Act 27, ’75.—Fine for violation of laws relative to 
inquests, etc. 

9. Recision of town charters, S. 6, A. 173 of 1894. 

10. Donations. 

11. Fees. 

12. Special school tax. 

13. Building bond issues. 

14. Building taxes not funded into bonds. 

ACT No. 11 OF 1912. 

Be it resolved by the House of Representatives, the Senate 
concurring, that the Registrar of the Land Office and the Attor¬ 
ney General be, and they are hereby, directed to look into the 
matter of sixteenth section lands and school indemnity lands 
set aside for the benefit of the public schools of the State of 
Louisiana, and to prepare a statement which will show all six¬ 
teenth sections and indemnity lands that were originally set 
aside for the benefit of the public schools in the various parishes, 
what lands have been sold and what was done with the funds 
realized from the sale of such lands, and what sixteenth sec¬ 
tions and school indemnity lands have not been properly cred¬ 
ited on the State Auditor’s books for the benefit of the parishes 


73 


entitled to them, the Attorney General shall take the necessary 
action to require the State Auditor to make the proper correc¬ 
tions. 

ACT No. 39 OF 1912. 

Section 1. The official flag of Louisiana shall be that flag 
now in general use, consisting of a solid blue field with the Coat- 
of-Arms of the State, the pelican feeding its young, in white in 
the center, with a ribbon beneath, also in white, containing in 
blue the motto of the State, “Union, Justice and Confidence,’’ 
the whole showing as below. 

Section 2. The said State flag shall be displayed on the State 
House whenever the General Assembly is in session and on public 
buildings throughout the State on all legal holidays and when¬ 
ever otherwise directed by the Governor or the General Assem¬ 
bly. 

ACT No. 69 OF 1912. 

Section 1. The police juries of the several parishes of the 
State, under such regulations as they may prescribe be and are 
hereby authorized to appropriate and use from parish funds 
any sum or sums of money not exceeding altogether one thou¬ 
sand dollars per year in aid of the Farmers’ Cooperative Dem¬ 
onstration Work in their respective parishes jointly with the 
agents and representatives Of the United States Department of 
Agriculture, upon such terms and conditions as may be agreed 
upon between the several police juries and said agents and rep¬ 
resentatives. 

ACT No. 118 OF 1912. vf. 

Section 1. (As amended and re-enacted by Act 207 of 1914.) 
That the Board of Trustees of the Southern University are; here¬ 
by directed to sell all of its present property, real and personal 
save and except such personal property as will be useful or 
necessary for the purposes of the Southern University, situated 
in the Parishes of Jefferson and Orleans, State of Louisiana, 
upon such terms and conditions as said Board of Trustees may 
determine; provided, that the sale contemplated by this section 
shall be first submitted to the Governor of the State for his 
approval, in writing, which written approval shall be attached 
to the Act or Acts of Sale as authority to the notary to pass the 
deed. The proceeds of said sale shall be invested in the manner 
and in such property as hereinafter provided. 


74 


Section 2. The said Board of Trustees, within a reasonable 
time after the passage of this Act, shall acquire a suitable site 
for said Southern University, in the rural section of the State, 
and upon said site erect appropriate buildings, containing such 
equipment as, in the judgment of the said Board of Trustees, 
is necessary and proper for carrying on of the said Southern 
University, under the terms of this Act, and under the terms of 
Act No. 87 of 1880, that said Board of Trustees shall, prior to 
executing the deed of sale for the property herein contemplated 
to be purchased, submit the terms and conditions of said pur¬ 
chase and the location of said property, to the Governor of the 
State, for his approval, and his written approval of the location 
and the terms and conditions of the purchase, shall be the au¬ 
thority to the said Board of Trustees, to execute the deed of 
purchase. The sessions shall continue in said university and on 
said farm until the new site of the university is provided for 
under the provisions of this act. 

Section 3. In addition to carrying out the University pur¬ 
poses set forth in Section 7 of Act No. 87, of 1880, said Board of 
Trustees shall have power and it shall be their duty to establish 
a department of said Southern University, which shall be known 
as “The Industrial and Agricultural Normal School;” that said 
** Industrial and Agricultural Normal School” shall be equipped 
in such manner and provided with such teachers, so as to in¬ 
struct persons of color, male and female, to be teachers, so they 
can teach industrial and agricultural subjects in schools for 
youths of both sexes of the colored race. 

Section 4. It shall be the duty of the Board of Trustees of 
the Southern University, as soon as practicable after the estab¬ 
lishment of the University upon the new site contemplated in 
this Act, to establish a department of the university, which shall 
be known as “The Model Industrial and Agricultural School,” 
and at least eight grades shall be created in said school, in which 
to assign pupils, and said grades and the course of teaching to 
be taught therein, shall be set forth in proper regulations to be 
formulated by the said Board of Trustees, provided that all 
teachers in the said “Model Industrial and Agricultural School” 
shall be persons of the colored race. 

Section 5. The said Board of Trustees shall be empowered 
to enact general rules and by-laws for the said University in all 


75 


its departments, whether said departments appertain to indus¬ 
trial and agricultural subjects or to the arts and letters, and to 
elect a President of the Faculty, the professors and teachers and 
determine their compensation; also all officers and employees 
that may be necessary, and prescribe their duties and compensa¬ 
tion ; providing that the President of the Faculty, the professors, 
teachers and all other employees except only the Board of Trus¬ 
tees, themselves, shall be persons of the colored race. All mem¬ 
bers of the Board of Trustees shall be of the white race, and the 
Board shall consist of one member from each of the Congres¬ 
sional Districts, appointed for a term of four years, by the 
Governor of the State, and the State Superintendent of Public 
Education and the Governor, the Governor to be Chairman of 
the Board. (Southern University is now located on a farm of 
500 acres at Scotland, four miles north of Baton Rouge.) 

ACT No. 123 OF 1912. 

Section 1. That the Register of the State Land Office be and 
is hereby authorized, when it is made to appear from the records 
of his office and such other evidence as he may require, that a 
township has not received from the State the school indemnity 
lands, to which it is entitled, to issue a warrant in the name of 
the President of the School Board of the Parish in which the 
said township is located for the number of acres due the said 
township. 

Section 2. The warrants issued under Section 1 of the 
provisions of this act shall be assignable by the School Board 
for not less than $5.00 per acre, and that the said warrants 
shall be locatable upon any vacant State lands subject to entry. 

Section 3. On the location of the warrants authorized by 
this Act a patent shall issue, as required by existing law, in the 
name of the locator for the amount of land specified in such 
warrant. 

ACT No. 145 OF 1912. 

Section 1. The police juries of the several parishes of this 
State are empowered to acquire the ownership of a tract of 
land and when so acquired the title to the same shall rest in 
the public; provided, however, in those parishes having large 
areas of different classes of soil are empowered under this act 


76 


to acquire tracts as aforesaid representative of the several 
classes of soil that predominate in the particular parish. 

Section 2. The tracts of land so acquired are to be consti¬ 
tuted Parish Experimental Farms and the parish is to improve 
said property so that it may be worked by the parish in accord¬ 
ance with plans to be suggested by the State and United States 
Agricultural Departments, provided that the police juries of the 
said parishes may utilize in the working of the same its parish 
prisoners. 

Section 3. The Parish Experimental Farms provided for by 
this act are established for the purpose of demonstrating the 
possibilities of the soil in the respective parishes, and in every 
way to disseminate a scientific knowledge of agriculture, and in 
consequence the work and results so obtained on the Parish Ex¬ 
perimental Farms are to be open to the inspection and study of 
the public at stated times. 

Section 4. With a view of stimulating a friendly rivalry 
as to the most successful results obtained upon the said Parish 
Experimental Farms, it is further provided that a selection of 
the best results of each year’s work upon said Parish Experi¬ 
mental Farms may be assembled and exhibited annually at the 
State Fair in the building owned and set apart by the State as 
an Agricultural Hall at the State Fair of Louisiana. 

Section 5. The Police Juries are empowered to make pro¬ 
vision in their budgets for the carrying out of this act at the 
earliest practicable time that the finances of each parish will 
permit. 

ACT No 151 OF 1912. 

Section 1. Act No. 168 of the Acts of the General Assembly 
of the State of Louisiana for the year 1894, be amended and 
re-enacted so as to read as follows: 

That whenever a sixteenth section donated to the State of 
Louisiana by an act of Congress for school purposes is located 
in a township not habitable by reason of said township being 
swamp or sea marsh, the Board of School Directors may, upon 
the petition of the land owners owning in area more than one- 
half of the land in the township, order the sale of such six¬ 
teenth section by resolution or motion passed by a majority of 
the members of such board present and voting. 


77 


Section 2. When a sale of a sixteenth section is ordered as 
authorized in the first section of this act, the same shall be made 
by the Parish Treasurer of the Parish in which the sixteenth 
section is located, in person or by the sheriff or any auctioneer of 
the parish, designated by him. Said sale, however, shall be made 
only after the same has been advertised for thirty days in a 
newspaper published in the parish where the property is located; 
and where no newspaper is published in the parish, then, by 
posting a written or printed notice for thirty days at or near 
the front door of the courthouse in the parish where the prop¬ 
erty is situated and at two other public places in such parish. 
On the day named in the advertisement, the said section shall 
be sold as a whole or in lots of not less than forty acres, at the 
principal front door of the courthouse of the parish in which 
the property is situated, between the hours of Eleven O'Clock 
A. M. and Four O’Clock P. M., with appraisement, to the last 
and highest bidder and without a prior survey of the property 
and upon the following terms and conditions: One-tenth (1-10) 
or more in cash at the option of the purchaser, and the remain¬ 
der, if any, in nine (9) equal annual installments, bearing eight 
(8 per cent) per cent interest per annum from date interest 
payable annually and the deeds shall contain the usual security 
clauses and a stipulation to pay ten (10) per cent attorney's 
fees in the event the services of an attorney are secured for the 
purpose of collecting same. 

Section 3. That the deed of the Parish Treasurer shall be 
full and complete evidence of the sale and shall convey a good 
and valid title to the property sold and have all the force and 
effect of a notarial act; and all moneys or notes received under 
and by virtue of such sale shall be disposed of by him in the 
manner now required by law. 

ACT No. 205 OF 1912. 

Section 1. That after the expiration of existing contracts, 
all funds of the State of Louisiana and of all parishes and 
municipalities thereof and of all public boards, commissions and 
bodies created by or under the authority of the State or of any 
parish or municipality thereof, shall be deposited daily, when¬ 
ever practicable, in the fiscal agency or agencies hereinafter 
provided for, upon the terms and conditions and in the manner 


78 


hereinafter set forth. Such deposits shall be made in the name 
of the State or of the parish, municipality, board, commission 
or body authorized by law to have the custody of and control 
over the disbursements of the same. 

Section 2. That the fiscal agency or agencies with whom 
such funds shall be deposited shall be such bank or banks organ¬ 
ized under the laws of the State of Louisiana or of the United 
States and domiciled in this State, as may be selected by the 
Board of Liquidation or by the proper authority of the parish, 
municipality, commission or other body created by or under 
authority of the State or of any parish or municipality thereof, 
as the case may be; such bank or banks so selected to give 
security for the safekeeping and payment of such deposits and 
to pay interest and perform other services for the State of 
Louisiana as and in the manner hereinafter provided. 

Section 3. (1) That all funds belonging to or received in 

behalf of the State of Louisiana by the State Treasurer shall be 
deposited by the Board of Liquidation of the State Debt one- 
half thereof in one or more banks in the First and Second Con¬ 
gressional Districts, and the remainder in one or more banks in 
each of the other Congressional Districts in the State, provided, 
that there shall be as near as practicable an equal amount 
deposited in each district, which banks shall be the fiscal agents 
of the State of Louisiana and are hereinafter referred to as 
such. 

(2) That all funds belonging to the iState received by and 
in the hands of Sheriffs and tax collectors, pending their trans¬ 
mission to the State Treasurer, shall be deposited by the receiv¬ 
ing officer daily, whenever practicable, with the bank or banks 
domiciled in the Parish where said funds are collected, which 
shall have been selected in the manner hereinafter provided, as 
the fiscal agency or agencies, either of the State or of the 
particular parish. When such funds have been collected in 
parishes in which no banks are domiciled, the same shall be 
deposited, in accordance with the provisions of this act, in a 
bank which shall have been selected as the fiscal agent of the 
State, located in the parish nearest to the one in which such 
funds have been collected. When such funds thus deposited are 
transferred by the Sheriff and tax collectors to the State 


79 


Treasurer, the bank or banks in which the same shall have been 
deposited shall make the transfer in currency or in New Orleans 
exchange without charge. 

(3) That all funds belonging to or received by any parish, 
municipality, school board, drainage or sub-drainage district, 
public board, commission or body created by special or general 
act of the General Assembly of the State of Louisiana, not 
required under existing laws to be held in the custody or posses¬ 
sion of the State Treasurer, shall be deposited by the police jury, 
municipal council, commissioners, or other proper authority, 
as the case may be, in such bank or banks in the State of Louisi¬ 
ana as shall have been selected, in the manner hereinafter 
provided, as the fiscal agency of the depositing authority, prefer¬ 
ably in one or more banks located within the parish or munici¬ 
pality from which said funds have been collected, subject how¬ 
ever, to the exception contained in Section No. 8 of Act No. 205 of 
the Acts of the General Assembly of the year of 1912. 

(4) That all funds belonging to or received by any board, 
commission or body created or controlled by any parochial or 
municipal government shall be deposited in the bank or banks 
previously selected as the depository of such parish and munici¬ 
pality ; and any interest earned thereon shall belong to the parish 
and municipality creating the said board, commission or body. 

As amended by Act 14, 1920. 

Section 4. That the conditions under which the funds of the 
State of Louisiana and all parishes and municipalities thereof 
and all public boards, commissioners and bodies created by or 
under the authority of the State or of any parish or municipality 
thereof, shall be deposited, are as follows: 

“That all public moneys in charge of such authority shall 
be left by the depositing authority to the bidder or bidders in 
the City of New Orleans in the respective congressional districts 
as provided in paragraph 1 of Section 3 of this Act, offering 
the highest grade of interest for all or any part of the funds of 
such authority consistent with the safe-keeping and prompt re¬ 
turn thereof, and no bids shall be accepted providing for a lower 
rate of interest on such deposits than 3%; provided, that all 
bids shall be made by the banks individually and independently 
of each other and all funds let to such banks independently and 


80 


in accordance with any successful bids, the intention being that 
banks shall not combine together either to bid for funds or to 
accept funds; provided further, that if any portion or all of the 
funds of any district are not bid for they may be readvertised 
and let to any bank or banks in the State, or such funds may be 
apportioned to participating banks as otherwise provided, at the 
discretion of the board; provided further, that the provisions of 
this Act may be enforced against the Board of Liquidation by 
suit.” 

As amended by Act 265, 1916. 

(2) No amount in excess of the capital stock and surplus of 
such bank shall be deposited in any one bank by one authority. 

(3) No bank shall be eligible to receive the deposits of any 
public funds which shall not have accompanied its bid for such 
deposit with a sworn statement of its condition, as shown by its 
books on the first day of the month previous to its filing its bids 
for such deposits. 

(4) All banks selected as fiscal agencies or depositories for 
the deposit of funds belonging to the State of Louisiana shall be 
required to lend to the State of Louisiana such: sums as the 
State shall have been authorized to borrow, up to the amount 
of the deposit then held by such bank at the same rate of inter¬ 
est as the deposit bears; and shall be further required to carry 
the coupons of the funded debt of the State of Louisiana, and to 
cash without charge and to receive on deposit at par all checks 
drawn by or in favor of the State of Louisiana upon whatsoever 
point the same may be drawn and shall be further required to 
lend their aid to the Board of Liquidation in refunding the 
bonded indebtedness of the State without extra charge, all as a 
part of the consideration for receiving the State’s deposits. 

(5) All parishes and municipalities of the State of Louisiana 
and all public boards, commissions and bodies created by or 
under authority of the State, or of any parish or municipality 
thereof, shall require of the bank or banks selected as its or 
their depositories, in addition to the payment of interest, to 
lend to such board or authority, when the same have been 
legally authorized to borrow, an amount equal to the average 
deposits which it may have kept in such bank, at the same rate 
of interest as its deposit bears; and shall further cash without 


81 


charge and receive on deposit at par, all checks drawn by or in 
favor of the depositing authority on whatsoever point the same- 
may be drawn. 

Section 5. 

(1) That the Board of Liquidation of the State of Louisiana 
and all parishes and municipalities thereof, and all public 
boards, commissions and bodies created by or under authority 
of the State or of any parish or municipality thereof, shall 
require as security for deposits made by them, the bonds of the 
United States of America, or of any colonial possession thereof, 
or unmatured bonds of the State of Louisiana or of any legally 
organized subdivision or board thereof, which shall not have been 
in default of interest for a period of six months; the valuation 
at which such bonds shall be accepted as security to be subject 
to the discretion of the State Treasurer, or the authority letting 
such deposits. The bonds so furnished as security shall be de¬ 
posited with the State Treasurer or with the treasurer of the 
authority letting such deposits, who shall receipt therefor to the 
depositing bank. The amount of said security shall be equal 
to the average amount of the deposits of the State of Louisiana 
or the other depositing authority as the case may be, as shown 
by the books of the State or of such other authority for the 
previous year. If the said fund shall arise from some sub¬ 
divisions, board or commission which has not previously had any 
funds to deposit, the amount of security to be furnished for the 
first year shall be equivalent to 60% of the amount of the de¬ 
posits and shall thereafter be equal to the average amount of" 
such deposit as shown by the books of such subdivision, board 
or commission as hereinabove provided. 

(2) The fiscal agencies and depository bank may, at their 
option in lieu of depositing bonds as provided in the preceding- 
paragraph, furnish the indemnity bond of a duly authorized 
surety company conditioned for the safekeeping and return of 
such deposits and the payment of the interest thereon, in a sum 
equal to the average amount of deposits determined as herein¬ 
before provided, provided that no surety company shall be ac¬ 
cepted as surety on any bond for any one bank for a greater 
sum than 10 p. c. of the capital and surplus of such surety com¬ 
pany; and provided further that such bank or banks as afore- 


82 


said for part of the security required of them and give indem¬ 
nity bond for the balance in such proportion as it or they may 
see fit. 

Section 6. That the Board of Liquidation of the 'State of 
Louisiana, and the proper authority of all parishes, municipali¬ 
ties, boards, and commissions thereof, shall, thirty days before 
the expiration of existing contracts entered into according to the 
present law, being Act No. 316 of the General Assembly of 1910, 
and biennially thereafter, cause to be printed a circular letter, 
setting forth the intention of the Board of Liquidation or of 
the proper authority in the particular case, to select, at a spe¬ 
cified time stated therein, its fiscal agencies and depository bank 
or banks. One copy of such circular shall be mailed to each of 
the banks domiciled in this iState and shall be published in one 
or more newspapers located in the City of New Orleans or in the 
parish or municipality in which the depositing authority is 
domiciled, and a copy shall be deposited with the Governor, to¬ 
gether with a list of the banks to which the circular has been 
sent. Such circular shall invite bids for deposits subject to the 
terms of this Act. 

As amended by Act 8, 1916. 

Section 7. That it shall be the duty of the Board of Liquida¬ 
tion and of all authorities having the letting of public funds 
to use all reasonable and proper means to secure to the State 
the best terms and the highest rate of interest consistent with 
the safekeeping and prompt repayment of the funds when de¬ 
manded, and to let such funds to the highest bidder therefor 
consistent with the safety of such funds. 

Section 8. That the Board of Liquidation of the State of 
Louisiana and any of the Boards or Commissions thereof and 
any Parish, School or Road District and any other authority 
having the right to deposit public funds which may have bonds 
for sale may, in order to effect a prompt and satisfactory sale of 
such bonds, deposit the proceeds of such bonds until used and 
the proceeds of the tax voted to pay the interest and principal of 
such bonds, and such amounts as may be reserved for the sink¬ 
ing fund required by such bdnds, in any bank or banks located 
in the State of Louisiana which may purchase the said bonds, 
upon such terms and conditions including security as may be 


83 


mutually agreed upon as a condition of, and part of the con¬ 
sideration for the purchase of such bonds; provided the distri¬ 
bution of the balance of the State’s funds as provided in Sec¬ 
tion 3 paragraph 1 of this Act shall not be changed. 

Section 9. That all funds deposited in the registry of any 
court or coming into the hands of the Clerk of Court or sheriff 
in any judicial proceedings and not belonging to such officer, 
shall be deposited in the bank or banks previously selected by 
the Police Jury of the Parish as the fiscal agent of the Parish 
and at the same rate of interest paid to the Parish, subject how¬ 
ever to any rule or order of the Court, except in the Parish of 
Orleans, where such funds shall be subject to such rules and 
regulations as may be prescribed by the Judges of the Civil 
District Court. The interest thus earned on such deposits shall 
accrue to the party or parties finally decreed to be entitled to 
the ownership thereof. 

Section 10. That the interest to be paid for the deposits of 
the State of Louisiana and of any parish or municipality there- 
of, and of any public board, commission or body created by or 
under authority of the State or of any parish and municipality 
thereof shall be calculated on the daily balances as shown by 
the books of the State Treasurer or the treasurer of the parish, 
municipality or board, as the case may be, and shall be paid 
semi-annually on the first of January and July of each year; 
provided that within the discretion of the depositing authority, 
in a case of emergency justifying such action, any fiscal agency 
may be cancelled without notice; and in case of such cancella¬ 
tion, the authority shall proceed as in the case of original letting 
and re-let the deposit for the unexpired term of the original 
contract in the manner and upon the terms and conditions as 
provided in this Act. 

Section 11. That where any fiscal agency or agencies shall 
elect to deposit as security the bonds of any political subdivision 
or board of the State such bonds shall be approved by the de¬ 
positing authority as sufficient for the indemnity contemplated 
by this Act. If, at any time, any depository bank shall fail or 
suspend, or fail on due demand without just cause to pay any 
funds deposited with it, the State Treasurer, on the direction of 
the Governor, or the other fiscal officer with whom bonds may 


84 


have been deposited as security, on the direction of the au¬ 
thority which made such letting, shall forthwith, after ten days’ 
advertisement in any newspaper or newspapers, published at the 
domicile of said authority, sell such bonds, or a sufficient 
amount thereof to cover the deposit and accrued interest there 
on, by auction on the floor of the New Orleans Stock Exchange. 
In case any surety company given as surety shall fail, cease to 
do business in this State, or liquidate, new security shall be sub¬ 
stituted within ten days from demand, else the agency for such 
deposit shall, ipso facto, terminate and reletting of said deposits 
shall be made in accordance with the terms of this Act. In case 
of any default on the part of any fiscal agency or depository as 
aforesaid, when a surety bond has been given as surety, and the 
said surety company shall have failed, within thirty days after 
demand upon it, to pay the amount of such deposit with the 
accrued interest thereon, the State Treasurer, by direction of the 
Governor, or the fiscal officer on the direction of the authority 
that let such deposits as the case may be, shall institute suit in 
the name of the State, or of the proper authority as the case 
may be, against the principal of such surety, or both of them, on 
such bond for the recovery of the amount of such deposits and 
accrued interest and a penalty of ten per centum on the amount 
so sued for, together with costs. Such suits may be brought at 
the designated domicile of either the plaintiff or the defendant. 
In case of any deficiency in amount recovered from the surety 
company or from the sale of bonds as hereinabove provided, the 
same shall be secured by first lien and privilege on all property 
and assets of said depository. 

Section 12. That if at any time the security furnished by a 
fiscal agency or depository bank is not satisfactory to the Treas¬ 
urer of the State of Louisiana, or to the authority having the 
letting of such funds for deposit he or it may require such ad¬ 
ditional security to be given as shall be satisfactory to him or it. 
In the event of any bank failing to promptly comply with any 
demands that may be made by the State Treasurer or the proper 
authority in the particular case, for additional or better security 
a meeting of the Board of Liquidation or of the proper author¬ 
ity entrusted with the letting of such funds shall be forthwith 
convened, and said Board or authority shall forthwith declare 


85 


the contract with the said fiscal agent bank or depository as 
cancelled, and shall immediately proceed in the same manner 
as in the case of original letting and relet the deposits of such 
bank for the unexpired term of such agency, under the terms 
and upon the conditions provided in this Act. 

Section 13. That the State Treasurer or the Treasurer of 
any parish, municipality, or board shall not be responsible for 
any money or moneys deposited in the bank or banks selected by 
the Board of Liquidation or by the authority having the right 
to select such depository under the provisions of the act; but 
the State of Louisiana and the subdivisions and boards thereof 
shall be responsible for the safekeeping and returning of the 
bonds deposited with them by fiscal agent banks and deposi¬ 
tories as security for the deposit of State moneys and with the 
proceeds arising from any sale thereof. 

Section 14. That any bank which itself or any officer of 
which shall contribute directly or indirectly, or cause to be con¬ 
tributed any funds in aid of any candidate for any office in the 
State of Louisiana shall be ineligible to receive the deposits of 
the State of Louisiana or of any parish or municipality thereof, 
or any public board, commission or body created by or under 
authority of the State or of any of its subdivisions; and should 
any bank have been selected as the fiscal agent of any such body 
and it should subsequently appear that it had made or that any 
of its officers had made or caused to be made, directly or indi¬ 
rectly, contributions to the campaign fund of any candidate for 
any office in the State of Louisiana, then the selection of such 
bank as a fiscal agent shall ‘‘ipso facto” terminate, and the 
proper authorities shall immediately proceed in the same man¬ 
ner as in the case of original letting and re-let the deposits of 
such bank for the unexpired term of such agency under the 
terms and conditions provided in this act. 

Section 15. That any officer of any bank who shall be a 
member of any board having the authority to let public funds 
of the State of Louisiana or of any board or subdivision thereof 
shall not be permitted to cast any vote in the selection of the 
fiscal agency or the depository of the board of which he is a 
member. 

Section 16. That nothing in this act shall be construed as 
abrogating or cancelling any existing contract on the part of 


86 


the State of Louisiana, or of any parish, municipality, board, 
commission, levee or drainage district or other public body, all 
of which shall remairi in full force and effect until their ex¬ 
piration. 

Section 17. That all laws general and special in conflict 
herewith and especially Act No. 316 of the acts of the General 
Assembly of 1910, be and the same are hereby repealed. 

(Accounts State Treasurer Shall Keep, S. 1326, R. S.) 

An account shall be opened on the books of the treasurer, to 
be called the Current School Fund; such account shall be 
charged with the annual expenditures for the public schools and 
credited with the net receipt for the special taxes laid by the 
General Assembly for the support of the .public schools, and 
with the receipts from such other sources as may be designated 
by law. 

(School Fund; How Applied, S. 1327, R. S.) 

The Current School Fund shall be used for the support of 
the public schools, and the surplus of receipts over expenditures 
for any one year shall be appropriated to the support of public 
schools during the ensuing year; and the Act numbered 224 of 
, eighteen hundred and fifty four, and the Acts 180 and 265 of 
eighteen hundred and fifty-five, which direct said surplus to be 
funded, be and the same are hereby repealed. 

ACT No. 109 OF 1916. 

(Amendment to Act 14, Secs. 4, 28, 38, and 44, of 1914.) 

Section 4. The Commission Council shall have the power 
and authority in addition to the powers conferred upon them 
by law or elsewhere in this Charter, and it shall be their duty: 

(7) To organize and maintain free public schools and li¬ 
braries. 

Section 28. The territory described in Section 1 of this Act 
is hereby created a public school district to be designated as 
Bogalusa School District, and the public schools therein shall 
be under the management and control of the Parish Board of 
School Directors of Washington Parish. The Parish Board 
shall appoint three trustees within the said District, one of 
whom may be a woman, and shall delegate to such trustees such 
authority as they may see fit in the management of the schools. 


87 


The Commissioner of the Department of Education of the City 
of Bogalusa shall be Chairman of such Board of Trustees. 

Section 44. The qualified property owners of the City of 
Bogalusa may by vote in the manner provided by law, impose 
further special taxes for giving additional support to public 
schools, and for the purpose of erecting and constructing or 
acquiring public buildings, public school houses, bridges, 
wharves, levees, water works, sewers, electric or other lighting 
plants, and other works of permanent public improvement, the 
title to which shall be in the public, and for other purposes 
authorized by law; but all such special taxes for all purposes 
shall not exceed twenty (20) mills on the dollar of the assessed 
valuation of the property within the city. All such special 
taxes shall be collected and disbursed by the city authorities. 

ACT No. 81 OF 1918. 

(Amendment to Act 17, 1914, Sec. 1.) 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That Section 1 of Act 17 of the General 
Assembly of 1914, be amended and re-enacted so as to read as 
follows: That a Parish Board of School Directors as the gov¬ 
erning body shall have authority to create at any time School 
Districts and sub-school districts composed of an entire parish, 
a ward, two or more wards, parts of two or more wards, part of 
an existing school district, parts of two or more existing school 
districts, or any other portion of a parish; and the parish board 
of school directors shall have exclusive authority to order, hold 
and conduct in any school district so created and named or any 
school district already created special elections for the purpose 
of raising additional funds in aid of the public schools, or to be 
authorized to issue school bonds for the purpose of securing 
funds to be used in erecting and equipping school buildings, 
said elections to be held under the provisions of the Constitu¬ 
tion of the State of Louisiana and all laws governing such elec¬ 
tions. 

ACT No. 44 OF 1914. 

Section 1. Whenever any school land or lands, or school 
section or sections, are located within the boundaries of any 
game, fish or bird preserve or propagating ground or nesting 


88 


▼ 

* 


place, whether public or private, established or designated, or 
which may be hereafter established or designated as such by the 
Conservation Commission, by and with the consent of the Parish 
Board of School Directors, or under its authority, or whenever 
any school land or lands, or school section or sections, are imme¬ 
diately contiguous or adjoining any such game, fish or bird pre¬ 
serve or propagating ground or nesting place, it shall be un¬ 
lawful for any person to kill, snare or pursue with intent to take 
or kill by any means, or to have in possession any wild animal 
or bird from or upon any such school land or lands, or school 
section or sections. 

The killing or pursuing with intent to kill, snare or take, or 
the having in possession of each wild animal or bird on any 
such school land or lands, or school section or sections, shall 
constitute a separate offense. 

This section shall not prohibit the Conservation Commission 
from killing or having killed, any wolves, wildcats or other ob¬ 
noxious animals on any such school land or lands, or school sec¬ 
tion or sections, or from having caught or ensnared any wild' 
animals or birds on such school land or lands, or school section 
or sections, for the purpose of propagation, re-stocking, educa¬ 
tional purposes or scientific investigation. 

Section 2. A person who violates any provision of this Act 
shall be guilty of a misdemeanor, and shall be subject to a fine 
of not less than Five and 00/100 ($5.00) Dollars, nor more 
than One Hundred and 00/100 ($100.00) Dollars, with costs of 
suit, for each offense or trespass, to be imposed by any Court 
of competent jurisdiction. 

ACT No. 55 OF 1914. 

Section 1. The Boards of School Directors of the Parishes, of 
the State, and Mayors and Boards of Aldermen or Councils or 
Commissioners of the cities, towns and villages of the State are 
hereby authorized and empowered to appropriate, from time to 
time, sums of money, not exceeding one-third of the fines and 
forfeitures derived from unlawful sale or keeping for sale of 
intoxicating liquors, which are collected and paid over to them 
respectively, during the calendar year immediately preceding 
that in which the appropriation is made, for the purpose of pro- 


89 


curing evidence of the violations of the statutes or ordinances, 
as the case may be, against the unlawful sale or keeping for 
sale of intoxicating liquors. 

ACT No. 179 OF 1916. 

Section 3. Be it enacted by the General Assembly of the 
'State of Louisiana, That the Governor of the State of Louisiana 
be and he is hereby authorized and empowered to accept, on the 
part of the State, the terms and provisions of what is known as 
the (Smith-Hughes Bill) now before the Congress of the United 
States, providing for Vocational Education, by providing Fed¬ 
eral money to be used in cooperation with the State in promo¬ 
tion of Education in Agriculture, Trades and Industries and in 
the preparation of teachers for vocational subjects when the 
•same shall have been passed by Congress. 

ACT No. 189 OF 1916. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana that the Sheriffs and ex-officio Tax Collect¬ 
ors throughout the State, Parish of Orleans excepted, shall be¬ 
tween the first and tenth day of each month, submit to the 
Superintendent of Public Education in their respective parishes 
a statement showing the name or names of the person or persons 
who have paid poll taxes during the preceding month. 

Section 2. Be it further enacted, etc., That this statement 
when so submitted shall become a public document, subject to 
inspection by the public. 

Section 3. Be it further enacted, etc., That any Sheriff and 
ex-officio Tax Collector violating the provisions of this act shall 
be guilty of a misdemeanor, and, upon conviction shall be fined, 
not exceeding $250, upon conviction before any court of com¬ 
petent jurisdiction, or be imprisoned in the parish jail for not 
less than thirty days nor more than six months, or both in the 
discretion of the court. 

ACT No. 41 OF 1918. 

An Act to empower the police juries of the several parishes to 
defray the living expenses of young men, residents of 
Louisiana, who have graduated from any high school of 
the State or high school of another State of recognized 
standing, to the number of not more than one at any one 


90 


time from each ward of the parish, and three from the 
parish at large who agree and obligate themselves to enter 
upon the study of agriculture and to pursue such study at 
the Louisiana State University until they graduate from 
such University in agriculture and conditioned upon the 
student and his parents, or tutor, entering into a written 
contract with the parish sending such student to the Uni¬ 
versity, stipulating that such student will after his grad¬ 
uation in agriculture return to the parish from whence he 
came, and enter upon the actual practice of the science of 
agriculture for a period of two years, and providing the 
recourse of the parish against the student who fails to 
carry out of the provisions of his contract with the parish. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisana, That the police juries of the several parishes 
are empowered to defray the expenses of young men, residents 
of Louisiana, who have graduated from any high school of the 
State or high school of another State of recognized standing, to 
the number of not more than one from each ward of the parish 
at any one time, and three from the parish at large, who agree 
and obligate themselves to enter upon the study of agriculture 
and to pursue such study at the Louisiana State University, at 
Baton Rouge, Louisiana, until they graduate from such Univer¬ 
sity in agriculture. 

Section 2 . Be it further enacted, etc.. That as a condition 
precedent to availing themselves of the provisions of this act, it 
must be shown to the satisfaction of the police jury that the 
young man applying for aid under this act is financially unable 
to educate himself in the course of agriculture and that his 
relatives are likewise unable to render him the necessary finan¬ 
cial aid to enable him to receive such an education. 

Section 3. Be it further enacted, etc.. That as a further con¬ 
dition precedent to enable any young man to avail himself of 
the provisions of this act, that he with his parents or tutor must 
enter into a contract with the parish, to be prepared by the dis¬ 
trict attorney, that in consideration of the aid to be rendered 
him under the provisions of this act, he will obligate himself to 
pursue his studies in agriculture at the Louisiana State Univer¬ 
sity until his graduation, and that after his graduation he will 


91 


return to the parish from whence he came and practice the 
profession of an agriculturist for two years. 

Section 4. Be it further enacted, etc., That if any person who 
avails himself of the provisions of this act, and violates or 
breaches his contract by not remaining at the Louisiana State 
University until his graduation in agriculture; or after having 
graduated such person fails to practice his profession as an agri¬ 
culturist in the parish that rendered him aid under the pro¬ 
visions of this act, then such breach shall cause the amount so 
expended by the parish upon said person to be a debt due and 
exigible by said person to the parish, and the parish is empow¬ 
ered to bring suit through the district attorney at any time 
within a period of five years to recover the amount of money 
so advanced to such person by the parish, provided, that by a 
two-thirds vote of the membership of the police jury for good 
reason shown, the penalties provided in this section may be 
waived and avoided. 

ACT No. 52 OF 1918. 

An Act to provide for the.acceptance of the benefits of an Act 
passed by the Senate and House of Representatives of the 
United States of America, in Congress assembled, to pro¬ 
vide for the promotion of vocational education. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That the State of Louisiana hereby accepts 
all of the provisions and the benefits of an act passed by the 
Senate and House of Representatives of the United States of 
America, in Congress assembled, entitled, “An Act to provide 
for the promotion of vocational education; to provide for co¬ 
operation with the States in the promotion of such education in 
agriculture and the trades and industries; to provide for co¬ 
operation with the States in the preparation of teachers of 
vocational subjects; and to appropriate money and regulate its 
expenditure, ’ ’ approved February twenty-third, nineteen hun¬ 
dred and seventeen. 

Section 2. Be it further enacted, etc., That the State Treas¬ 
urer is hereby constituted and appointed the custodian of the 
moneys paid to the State of Louisiana for vocational education, 
under the provisions of such act, and such moneys shall be paid 


92 


out in the manner provided by such act for the purposes therein 
specified. 

Section 3. Be it further enacted, etc., That the State Board 
of Education of the State of Louisiana, together with representa¬ 
tives of the State Federation of Labor, to be named by the 
Governor, is hereby designated as the State Board for the pur¬ 
pose of carrying into effect the provisions of such act, and is 
hereby authorized and directed to cooperate with the Federal 
Board of Vocational Education in the administration and en¬ 
forcement of its provisions and to perform such official acts 
and exercise such powers as may be necessary to entitle the State 
to receive its benefits. 

Section 4. Be it further enacted, etc., That the State Board 
of Education, together with the representatives of the Federa¬ 
tion of Labor shall have full power to represent the State in 
any and all matters in reference to the expenditure, distribution 
and disbursement of funds received from the LTnited States 
Government in said State and to appropriate and use said 
moneys in whatever way will in its discretion best subserve the 
interests of the State and carry out the spirit and intent of said 
act of Congress in conformity with its provisions. 

Section 5. Be it further enacted, etc., That such Board is 
hereby authorized to make such expenditures for the actual 
expenses of the Board for the salaries of assistants and for such 
office and other expenses as in the judgment of the Board are 
necessary to the proper administration of this Act. 

Section 6. Be it further enacted, etc., That all laws and parts 
of laws in conflict with the provisions of this Act be and the 
same are hereby repealed. 

ACT No. 72 OF 1918. 

An Act to permit donations mortis causa and inter vivos to be 
made for such educational, literary or charitable purposes as 
the donor may direct or desire, or as the trustee or trustees, 
to whom such donations shall be made may, from time to 
time, appoint, create or change; to authorize such trustees,, 
in any such case, to organize and constitute a corporation. 


93 


and define the powers and duration of such corporation; to 
authorize such corporations, as well as trust companies and 
trust banks, organized under the laws of this State, to ac¬ 
cept, hold and administer such donations as trust estates; to 
authorize the Governor of the State, whenever a trust com¬ 
pany or trust bank shall fail or decline to act or cease to 
exist, to appoint a successor; to provide that such trustees, 
trust companies or trust banks, shall have the power to ac¬ 
cept and administer donations other than the original dona¬ 
tion; and to exempt such donations from the provision of 
the laws of the State relative to substitutions, trusts and 
fidei commissa. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That it shall be lawful for anyone to make a 
donation inter vivos or mortis causa of any description of prop¬ 
erty to a trustee or trustees for educational, charitable or liter¬ 
ary purposes generally, without designating the particular pur¬ 
pose to be fostered or aided, and in such cases to permit the 
trustee or trustees to appoint, create or change, from time to 
time and as often as they may deem wise, the beneficiary of such 
trust estate or any part thereof; provided, however, that the 
donor may, at his pleasure, name and appoint the particular use 
to be made of the donation and may impose such conditions not 
contrary to law as he may desire. 

Section 2. Be it further enacted, etc., That when such gifts 
shall be made to individual trustees, the trustees named in the 
act of donation and their successors or substitutes, or such of 
them as are willing and may accept the trust, shall, upon com¬ 
plying with the laws of this State, relative to the organization 
of corporations for literary, scientific, religious and charitable 
purposes, constitute a body corporate with the power of contin¬ 
uous succession and unlimited duration, and with all the powers 
conferred upon corporations by said laws or customs; provided, 
however, that the requirement of said laws as to the number of 
persons necessary for the formation of a corporation shall not 
apply to such trustees; and provided further, that if any of the 
trustees will not or cannot accept the trust, then such of those 
named as are willing may accept, and, in the manner prescribed 


94 


in the act of donation, proceed to fill the vacancies up to the 
required number. 

Section 3. Be it further enacted, etc., That any trust com¬ 
pany or trust bank created by the laws of this State shall have 
the power to accept, hold and administer such donations and to 
exercise all the powers conferred in and by this act. 

Section 4. Be it further enacted, etc., That whenever a trust 
company or bank trustees shall fail or decline to act for any 
cause, or shall cease to exist, the Governor of the State shall 
designate and appoint a trust company or trust bank as success¬ 
or trustee to the trust company or trust bank so failing to act or 
ceasing to exist, and such successor trustee shall have all of the 
powers granted to, and be subject to all the obligations imposed 
upon the original trustee. 

Section 5. Be it further enacted, etc., That said board of 
trustees, trust company, or trust bank shall administer the prop¬ 
erty entrusted to them in conformity with the directions con¬ 
tained in the act of donation, if there be such directions, and, 
otherwise, shall administer the same in their discretion; and 
shall have all the powers needed in such administration, and 
shall be entitled to reasonable compensation for their services. 

Section 6. Be it further enacted, etc., That said board of 
trustees, trust company, or trust bank shall have the power to 
accept and administer other donations mortis causa or inter vivos 
from the same or other donors, and to apply the same as may be 
prescribed in the subsequent act of donation; and that the ad¬ 
ministration of the property covered by such subsequent act of 
donation, shall be governed by the directions contained in the 
subsequent act of donation, if there be such directions, and 
otherwise shall be in the discretion of the trustees, trust com¬ 
pany, or trust bank. 

Section 7. Be it further enacted, etc., That the provisions 
contained in the Revised Civil Code, or other laws of this State 
relative to substitutions, fidei commissa or trust depositions, 
shall not be deemed to apply to or in any manner affect dona¬ 
tions made for the purpose and in the manner provided by this 
act, and all laws or parts of laws conflicting with the provisions 
of this act are repealed in so far as regards the purposes of this 
act, but not otherwise. 


95 


ACT No. 141 OF 1918. 

An Act to establish the “State Colony and Training School” for 
the feeble-minded and to provide for its government, man¬ 
agement, control and maintenance and making an appro¬ 
priation therefor, providing for the trial and conduction 
of the feeble-minded to said institution; imposing fines 
and penalties for the violation of the provisions of this 
act. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana that there is hereby created and established 
a charitable institution for the State of Louisiana to be known 
as the “State Colony and Training School,” which is an insti¬ 
tution especially provided for the feeble-minded persons of the 
State of Louisiana. 

Section 2. Be it further enacted, etc., that the words “feeble¬ 
minded” in this Act shall be construed to mean any person 
afflicted with mental defectiveness from birth or from an early 
age, so pronounced that he is incapable of managing himself 
and his affairs, or being taught to do so, and requires super¬ 
vision, control and care for his own welfare, or for the welfare 
of others, or for the welfare of the community, who is not 
classified as an insane person within the meaning and intent of 
the laws of the State of Louisiana. 

Section 3. Be it further enacted, etc., that from and after 
the passage of this Act no feeble-minded person shall be sent to 
any public institution for the feeble-minded except as herein¬ 
after provided. 

Section 4. Be it further enacted, etc., it shall be the duty of 
the Governor of this State to appoint a Board of Administrators 
to consist of and be composed of five persons, to be appointed 
from the State at large, of which body the Governor of Louisiana 
shall ex-officio be President, and this Board is to be known as 
the Board of Administrators of the ‘ ‘ State Colony and Training 
School” to be situated in the Parish of East Baton Rouge, and 
said Board shall be and are hereby constituted the Board of 
Administrators of aforesaid ‘ ‘ State Colony and Training 
School.” 

Section 5. Be it further enacted, etc., the persons to be ap¬ 
pointed on said Board shall be citizens of the State of Louisi- 


96 


•ana; the original appointments on said Board shall be one for 
one year, one for two years, one for three years, one for four 
years, and one for five years; all subsequent appointments shall 
foe for five years except to fill vacancies, when the appointment 
shall be for the unexpired term only. 

Within sixty days after notice of their appointment by the 
Governor said Board shall meet and organize by the election of 
a Vice President, to preside in the absence of the President, a 
Secretary-Treasurer. The first meeting of the Board of Admin¬ 
istrators of the said “State Colony and Training School’' shall 
foe held at the State Capitol and thereafter shall be held at the 
domicile of the “State Colony and Training School,” and the 
Parish of East Baton Rouge is hereby designated as a legal 
•domicile of the ‘ ‘ State Colony and Training School. ’ ’ The Board 
of Administrators as hereby created shall have the right to 
change their domicile as provided by the general corporation 
laws of the State of Louisiana. 

Section 6. Be it further enacted, etc., That the Board of 
Administrators of the “State Colony and Training School” 
shall have the right to locate, build, construct and maintain the 
said “State Colony and Training School” in any Parish in the 
State of Louisiana. Said Board shall have the general control 
and direction of the said “State Colony and Training School”; 
it shall have the power to acquire by purchase, deed, gift, be¬ 
quest, devise of lease such property, real and personal, as may 
foe necessary to carry out the purpose of this Act. 

It shall have the power to erect or to have erected by con¬ 
tract or otherwise, such buildings, structures, outhouses, and 
to make such improvements on the said lands as it may deem 
suitable for the housing and training of the inmates. 

It shall have the power to engage in agricultural, industrial 
and all other pursuits of life that may be beneficial or essential 
for the instituion of the inmates thereof. 

Section 7. Be it further enacted, etc., that the Board of 
Administrators shall furnish the Legislature on the second Mon¬ 
day of each session a detailed statement of the annual receipts 
and expenditures of said institution; a statement of the number 
and sex of the feeble-minded persons in the “State Colony and 
Training School”, of the number and sex of those admitted and 


97 


discharged; and of those deceased during the preceding biennial 
period. 

Section 8. Be it further enacted, etc., that the Board of Ad¬ 
ministrators ■shall elect a treasurer for a period of four years, 
who shall be ex-officio secretary, and who shall not be a member 
of the Board, and who shall give bond and security for the 
faithful performance of his duty, to be approved by the major¬ 
ity of said Board. It shall be his duty to collect all debts due 
to said “State Colony and Training School,” and to receive 
quarterly upon the warrant of the President of the Board what¬ 
ever appropriations may be made by the State for its benefit; 
to take care of and keep an exact- account' of the property, 
credit and revenues and to make all necessary payments under 
such rules and regulations and restrictions as may be established 
by the Board. He shall receive such salary as may be fixed by 
the Board. 

Section 9. Be it further enacted, etc., that said Board shall 
have full and complete authority in the administration of the 
said “State Colony and Training School,” with power to employ 
and discharge all subordinate officers and employees. 

Said Superintendent shall be a person of good moral character 
and reputable standing and a graduate in medicine (preferably 
of hospital training and experience). Said Superintendent shall 
be a person especially fitted by training and experience for the 
duties of the position and shall be appointed to serve for an in¬ 
definite term subject to proper management, conduct and good 
behavior; said Superintendent shall be required to reside on the 
premises of said “State Colony and Training School”. 

Said Superintendent shall be subject to removal by the Board 
of Administrators for cause that may be deemed right and prop¬ 
er by said Board. 

Section 10. Be* it further enacted, etc., that the work of 
erecting and equipping said “State Colony and Training 
School” shall be under the immediate supervision and general 
direction of the Board of Administrators. 

Section 11. Be it further enacted, etc., when any person 
residing in this State shall be supposed to be feeble-minded, and 
by reason of such mental condition of feeble-mindedness, and of 
social conditions, such as want of proper supervision, control, 


98 


care and support, or other causes, it is unsafe and dangerous to 
the welfare of the community for him to be at large without 
supervision, control, and care, any relative, guardian or conser¬ 
vator or any reputable citizen of the Parish in which such sup¬ 
posed feeble-minded person resides or is found, may, by leave 
of court first had and obtained, file with.the clerk of either the 
District court of any Parish or of the Parish court of the Parish 
in which such supposed feeble-minded person resides or is found, 
or with the clerk of the Civil District Court of the Parish of 
Orleans, when the supposed feeble-minded person resides or is 
found in the city, a petition in writing, setting forth that the 
person therein named is feeble-minded, the fact and circum¬ 
stances of the social conditions, such as want of proper super¬ 
vision, control, care or support, or other causes, making it unsafe 
or dangerous to the welfare of the community for such person 
to be at large without supervision, control or care; also the 
name and residence, or that such name or residence is unknown 
to the petitioner, or some person, if any there be, actually super¬ 
vising, caring for or supporting such person, and of at least one 
person if any there be legally chargeable with such supervision, 
care or support, and also the names and residences or that same 
are unknown of the parent or guardians. 

Section 32. Be it further enacted, etc., the petitioner shall 
also allege whether or not such person has been examined by a 
qualified physician having personal knowledge of the condition 
of such alleged feeble-minded person. There shall be endorsed 
on such petition the names and residences of witnesss known to 
petitioner by whom the truth of the allegations of the petition 
may be proved, as well as the name and residence of a quali¬ 
fied physician, if any is known to the petitioner, having personal 
knowledge of the case. All persons named in such petition shall 
be made defendants by name and shall be notified of such pro¬ 
ceedings by summons, if residents of this State, in the same 
manner as is now or may hereafter be required by law in pro¬ 
ceedings in this State. 

The summons shall require all defendants to personally ap¬ 
pear at the time and place stated therein, and to bring into 
court the alleged feeble-minded person. No written answer 
shall be required to the petition, but the cause shall stand for 


99 


trial upon the petition on the return day of the summons. , The 
summons shall be made returnable at any time within fifteqp 
days after the date thereof, and may be served the sqme as sum¬ 
mons in civil proceedings and served by any officer authorized 
by law to serve processes of the court issuing such summons* 
No service of process shall be necessary upon any of the de¬ 
fendants named, if they appear or are brought before the court 
personally without service of summons. 

Section 13. Be it further enacted, etc., upon the filing of 
the petition, or upon motion at any time thereafter, if it shall 
be made to appear to the court by evidence given under oath 
that it is for the best interests of the alleged feeble-minded 
person and the community that such person be at once taken 
into custody, or that the service of summons will be ineffectual 
to secure the presence of such person, a warrant may issue on 
the order of the court, directing that such person be taken into 
custody and brought before the court forthwith or at such time 
and place the judge may appoint, and pending the hearing of 
such feeble-minded person, or the placing of such feeble-minded 
person under temporary guardianship of some suitable person, 
on such person entering into a recognizance for his appearance* 
as the court shall deem proper. But no such alleged feeble¬ 
minded person shall, during the pendency of the hearing of the 
petition, be detained in any place provided for the detention 
of persons charged with or, convicted of any criminal or quasi : 
criminal offense. 

Section 14. Be it further enacted, etc., At any time after the 
filing of the petition and pending the final disposition of the 
case, the court may continue the hearing from time to time, and 
may order such alleged feeble-minded person to submit to the 
examination of some qualified physician or psychologist, and 
the court may also require by rule or order that the petitioner 
answer under oath such interrogatories as may be propounded, 
in a form to be prescribed by the Board of Administrators. 

The hearing on the petition shall be by the court and the 
commission to be appointed by the court, of two qualified physi¬ 
cians or one qualified physician and one qualified psychologist; 
residents of the Parish, to be selected by the judge on account of 
their known competency and integrity,. and evidence shall be 
heard and proceedings had as in any other civil proceedings. 


100 


Evidence shall also be heard and inquiry made into the social 
conditions, such as want of proper supervision, control, care or 
support, and other causes making it unsafe or dangerous to the 
welfare of the community for such person to be at large, without 
supervision, control and care. The commission shall also make 
a personal examination touching the mental condition of the 
alleged feeble-minded person. Upon the conclusion of the hear¬ 
ing, inquiry and examination, the commission shall file with the 
clerk of the court a report in writing, showing the result of their 
examination of the mental condition and social conditions afore¬ 
said, setting forth their conclusions and recommendations, and 
shall also file with such report their sworn answers to such in¬ 
terrogatories as may be propounded in a form to be prescribed 
by the Board of Administrators. Spch answers may be based 
upon their best knowledge and belief. 

Section 15. Be it further enacted, etc., If the court shall find 
such alleged feeble-minded person not to be feeble-minded as 
defined in this Act, he shall order the petition dismissed and the 
person discharged. If the court shall find such alleged feeble¬ 
minded person to be feeble-minded, and subject to be dealt with 
under this Act, having due regard to all circumstances appear¬ 
ing on the hearing, the guiding and controlling thought of the 
court throughout the proceedings to be the welfare of the feeble¬ 
minded person and the welfare of the community, it shall enter 
a decree, appointing a suitable person to be the guardian of the 
person of such feeble-minded person, or directing that such 
feeble-minded person be sent to a private institution qualified 
and licensed under the laws of the State to receive such person 
whose managers are willing to receive him or may direct that he 
be placed in a public institution for the feeble-minded and such 
decree so entered shall stand and continue binding upon all 
persons whom it may concern until rescinded or otherwise regu¬ 
larly superseded or set aside. 

Section 16. Be it further enacted, etc., That upon the entry 
of an order directing that a feeble-minded person be sent to an 
institution for feeble-minded persons, the clerk of the court shall 
send a copy of the order to the Superintendent of the institution 
to which such feeble-minded person is ordered to be sent, and 
such Superintendent shall receive such feeble-minded person as 


101 


a charge in such institution; provided, that if on account of the 
crowded condition of a public institution it is impossible to 
accommodate such feeble-minded person, the Superintendent 
shall inform the court with the promise that the court be notified 
at once when the next vacancy occurs, and that such feeble¬ 
minded person be then received as a charge in such public in¬ 
stitution. 

Section 17. Be it further enacted, etc., That for the convey¬ 
ance of any feeble-minded person to any public or private insti¬ 
tution for the feeble-minded, admission thereto having been 
ordered by the court as herein provided, the clerk shall issue a 
warrant in duplicate directed to the petitioner, or to some suit¬ 
able reputable person, as the judge may select, commanding him 
to take such feeble-minded person and deliver him to the Super¬ 
intendent of the institution. When the judge thinks necessary, 
he may direct the clerk to authorize the employment of one or 
more assistants, but no feeble-minded female shall-be taken to 
the institution by any male person not her husband, father, 
brother or son, without the attendance of some woman of good 
character and mature age, chosen for the purpose by the judge. 
Upon receiving the feeble-minded person, the Superintendent of 
the.institution shall endorse upon the warrant his receipt; nam¬ 
ing the person or persons from whom the feeble-minded person 
is received, and one copy of the warrant so endorsed shall be re¬ 
turned to the clerk of the court to be filed with the other papers 
in the case, and the other shall be left with the Superintendent 
and the person delivering the feeble-minded person shall endorse 
thereon that he has so delivered him, and said duplicate war¬ 
rant shall be prima facie evidence of the facts set forth therein 
and in said endorsement. 

Section 18. Be it further enacted, etc., that all persons feeble¬ 
minded committed to said institution pursuant to an order of 
court as herein provided, may petition the court that entered 
the order of admission to discharge the feeble-minded person, or 
to vary the order of the court sending the feeble-minded person 
to an institution. If, on the hearing of the petition, the court is 
satisfied that the welfare of the feeble-minded person, or the 
welfare of others, or the welfare of the community requires a 
discharge or a variation of the order, the court may so order a 


102 


discharge or a variation of the order. Discharges and variations 
of orders may be made for either of the following causes: be¬ 
cause the person adjudged to be feeble-minded is not feeble¬ 
minded ; because he has so far improved as to be capable of car¬ 
ing for himself; because the relatives or friends of the feeble¬ 
minded person are able and willing to supervise, control, care 
for and support him and request his discharge. 

Before rendering an order of alteration or dismissal it will be 
the duty of the court to have a thorough examination and report 
made touching upon the condition of the feeble-minded. 

Section 19. Be it further enacted, etc., every person admitted 
to any institution for the feeble-minded shall have all reason¬ 
able opportunity and facility for communication with his friends 
and be permitted to write and send letters, providing they con¬ 
tain nothing of an immoral or personally offensive character 
and letters written by any charge to any member of the Board 
of Administrators, or to any State or Parish official, shall be 
forwarded unopened. But no leave of absence shall be granted 
except for good cause to be determined and approved by the 
Board of Administrators in each case who shall take appropriate 
measures to secure for the feeble-minded person proper super¬ 
vision, control and care during such leave of absence, and no 
leave of absence shall be for a longer period than two weeks in 
one calendar year. 

Section 20. Be it further enacted, etc., Any person who shall 
knowingly contrive, or who shall conspire to have any person 
adjudged feeble-minded under this Act, unlawfully and im¬ 
properly, or any person who shall violate any provision of this 
Act, shall be deemed guilty of a misdemeanor, and upon convic¬ 
tion thereof shall be fined not exceeding $1,000, or imprisoned 
not exceeding one year, or both, at the discretion of the court in 
which such conviction is had. 

Section 21. Be it further enacted, etc., That if any person 
shall abduct or seduce any inmate to elope or escape from said 
“State Colony and Training School” or shall attempt to do so,, 
or shall aid or assist therein, every such person shall upon con¬ 
viction thereof, be condemned to pay a fine of not less than fifty 
nor more than five hundred dollars, for the use of said “ State 
Colony and Training School”*, and at the discretion of the court. 


103 


be imprisoned in the Parish jail for a term not exceeding six 
months. 

Section 22. Be it further enacted, etc., That for the carrying 
out of the provisions of this Act, the sum of Twenty-five Thou¬ 
sand ($25,000) Dollars is hereby appropriated, out of any 
money in the State Treasury not otherwise appropriated for 
the year ending June 30, 1919. 

Section 23. Be it further enacted, etc., That all laws or parts 
of laws inconsistent herewith or in conflict with be and the same 
are hereby repealed. 

Section 24. Be it further enacted, etc., That this Act shall 
take effect arid be in force from the date after its passage and 
approval by the Governor. 

ACT No. 143 OF 1918. 

An Act to provide for the establishment, administration, and 
conduct of the Louisiana State Home for Girls, for the 
reformation, correction, and education of females in the 
State of Louisiana, between the ages of eight and eighteen 
years, who may be declared delinquent, abandoned, or dere¬ 
lict by a court of competent jurisdiction; and repealing all 
laws or parts of laws in conflict herewith. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisana, That there is hereby established a Louisiana 
State Home for Girls, subject to the regulations and provisions 
hereinafter prescribed. 

Section 2. Be it further enacted, etc., That the Louisiana 
State Board of Education shall be and is hereby made the gov¬ 
erning authority of the Louisiana State Home for Girls. The 
said Board is hereby empowered and authorized (1) to select a 
convenient and suitable site for this institution; (2) to acquire 
lands, buildings, and equipment by purchase, donations or other¬ 
wise; (3) to receive donations, bequests, or legacies in the form 
of money for buildings or maintenance of the said institution; 
(4) to erect all necessary buildings, provide the required equip¬ 
ment, and acquire such property as may be essential to the in¬ 
stitution; (5) and to make all necessary rules and regulations 
for the administration of the said institution, and for the proper 
conduct of the same. It shall be authorized to confirm the ap- 


104 


pointments of all employees of the Superintendent of said insti¬ 
tution and fix their salaries. It shall be the duty of said State 
Board of Education to elect a Superintendent' of the Louisiana 
State Home for Girls, who shall be a woman of high character, 
business ability, and practical education, fitting her as the head 
of said reformatory institution. The said Board shall receive no 
additional compensation for administering the affairs of the 
said Louisiana State Home for Girls, other than the mileage and 
per diem allowed members in actual attendance upon the meet¬ 
ings of the said Board. It shall make biennial reports to the 
Governor of the State and the General Assembly of the State of 
Louisiana in the month of April in the year in which the General 
Assembly convenes, said reports to cover all data, financial state¬ 
ments, and a full review of the progress and operation of said 
institution. 

The ownership of all property and the appurtenances con¬ 
nected with this instiution shall be vested in the State of Louis¬ 
iana, the Governor being hereby authorized to accept title to 
the same. 

Section 3. Be it further enacted, etc., That the Superintend¬ 
ent of the Louisiana State Home for Girls shall be the manager 
of the said state institution; she shall have full charge of the 
discipline and the conduct of the inmates and employees under 
her charge; and she shall see to it that all proper rules and 
regulations are duly enforced: Under the direction of the State 
Board of Education, she shall provide a course of study and a 
system of education and reformation for the delinquent, aban¬ 
doned, or derelict girls under her charge; and, under the super¬ 
vision and by the advice and consent of the said State Board of 
Education, she shall employ all necessary assistants and such 
help as may be required by said institution. 

Section 4. Be it further enacted, etc., That all girls in the 
State of Louisiana, between the ages of eight and eighteen years, 
who may be declared delinquent, abandoned, or derelict by a 
court of competent jurisdiction, may, at the discretion of the 
judge of said court, be confined in the Louisiana State Home 
for Girls for such term and under such conditions as may be 
authorized by the existing laws covering juvenile delinquency. 


105 


Section 5: Be it further enacted, etc., That when the Louis¬ 
iana State Home for Girls shall have been completed and estab¬ 
lished as provided for in the foregoing Sections of this Act, it 
shall be the duty of the Superintendent of Public Education of 
the State of Louisiana to give ten days public notice of the same, 
at the expiration of which time of notice the provisions of this 
Act shall become effective. 

Section 6. Be it further enacted, etc., That all laws or parts 
of laws in conflict with the provisions of this Act be and the 
same are hereby repealed. 

ACT No. 169 OF 1918. 

(IV.isdemeanor for Parents, etc., to Neglect Children.) 

An Act for the protection of children under seventeen years of 
age, declaring it to be a misdemeanor for any person over 
the age of seventeen years, not a parent, guardian, or 
custodian of such child, to contribute to the neglect, de¬ 
pendency or delinquency of such children, defining and 
setting forth the facts and causes that constitute such mis¬ 
demeanor on the part of such person over the age of seven¬ 
teen years, and providing a penalty therefor. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana: That any person over the age of seventeen 
years, other than parents, tutors, guardians or other persons 
having the custody or control of a child under the age of seven¬ 
teen years, who knowingly or wilfully is responsible for, encour¬ 
ages, aids, causes, or connives at, or who knowingly or wilfully 
does any a : ct or acts to produce, promote or contribute to the 
conditions which cause any child under the age of seventeen 
years to be adjudged guilty of juvenile delinquency, or to be in 
need of the protection and care of the State of Louisiana as de¬ 
fined by statute or by Article 118 of the Constitution of Louis¬ 
iana, or cause such child to do any of the acts constituting de¬ 
linquency as defined by statute or the Constitution, shall be 
guilty of a misdemeanor, and upon conviction thereof, shall be 
fined not more than two hundred dollars, or be imprisoned in 
the parish jail or prison for not more than one year, or both, in 
the discretion of the court. 

Section 2. Be it further enacted, etc., That all laws or parts 
of laws in conflict with this act be and the same are hereby 


106 


repealed; but nothing in this act shall be construed as in any 
way repealing Act 139 of the General Assembly of the State of 
Louisiana for the year 1916. 

ACT No. 173 OF 1918. 

(Institutions of Learning Authorized to Grant Diplomas.) 

An Act to authorize institutions of learning to confer degrees; 
and repealing all laws and parts of laws in conflict with 
this Act. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That the governing authorities of institu¬ 
tions of learning in Louisiana offering courses of study extending 
four years of not fewer than one hundred eighty school days 
above and beyond graduation from an approved high school, be 
and are hereby authorized to confer the degree of bachelor of 
arts or science on candidates that have satisfactorily completed 
siich courses. 

ACT No. 220 OF 1918. 

An Act to prevent and punish the desecration, mutilation or 
improper use of the flag of the United States of America, 
and of this State, and of any flag, standard, color, ensign 
or shield authorized by law, and to make uniform the laws 
adopting same. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana; That the words flag, standard, color, ensign 
or shield, as used in this act, shall include any flag, standard, 
color, ensign or shield, or copy, picture or representation there¬ 
of, made of any substance or represented or produced thereon, 
and of any size, evidently purporting to be such flag, standard, 
color, ensign or shield of the United States or of this State, or 
a copy, picture or representation thereof. 

Section 2. Be it further enacted, etc., That no person shall, 
in any manner, for exhibition or display: 

(a) place or cause to be placed any word, figure, mark, pic¬ 
ture, design, drawing or advertisement of any nature upon any 
flag, standard, color, ensign or shield of the United States or of 
this State, or authorized by any law of the United States or of 
this State; or 

(b) expose to public view any such flag, standard, color, 
ensign or shield upon which have been printed, painted or 


107 


otherwise produced, or to which shall “have been attached, ap¬ 
pended, affixed or annexed any such word, figure, mark, picture, 
design, drawing or advertisement; or 

(c) expose to public view for sale, manufacture, or other¬ 
wise, or to sell, give or have in possession for sale, for gift or for 
use for any purpose, any substance, being an article of mer¬ 
chandise, or receptacle, or thing for holding or carrying mer¬ 
chandise, upon or to which shall have been produced or attached 
any such tiag, standard, color, ensign or shield, in order to ad¬ 
vertise, call attention to, decorate, mark or distinguish such 
article or substance. 

Section 3. Be it further enacted, etc., That no person shall 
publicly mutilate, deface, defile, defy, trample upon, or by 
word or act cast contempt upon any such flag, standard, color, 
ensign or shield. 

Section 4. Be it further enacted, etc., That this statute shall 
not apply to any act permitted by the Statutes of the United 
States (or of this State), or # by the United States Army and 
Navy regulations, nor shall it apply to any printed or written 
document or production, stationery, ornament, picture or jewel¬ 
ry whereon shall be depicted said flag, standard, color, ensign 
or shield with no design or words thereon and disconnected 
with any advertisement. 

Section 5. Be it further enacted, etc., That any violation of 
Section Two of this act shall be a misdemeanor and punishable 
by a fine of not more than ten dollars. Any violation of section 
Three of this act shall be a misdemeanor punishable by a fine of 
not more than twenty-five dollars, or by imprisonment for not 
more than thirty days, or by both fine and imprisonment, in 
the discretion of the Court. 

Section C. Be it further enacted, etc., That all laws and 
parts of laws in conflict herewith are hereby repealed. 

Section 7. Be it further enacted, etc., That this act shall be 
so construed as to effectuate its general purpose and to make 
uniform the laws of the states which enact it. 

Section 8. Be it further enacted, etc., That this act may be 
cited as the Uniform Flag Law. 

Section 9. Be it further enacted, etc., That this act shall 
take effect on and after September 1st, 1918. 


108 


ACT No. 77 OF 1918. 

An Act to amend and re-enact Section 3 of Act 87 of 1886, 
entitled: “An Act to provide for the better and more 
speedy collection of the poll tax.” 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That Section 3 of Act 87 of 1886 be amended 
and re-enacted so as to read as follows: Section 3. Be it fur¬ 
ther enacted, etc., That the clerk of the court or other officer 
issuing such certificates or warrants shall immediately report to 
the tax collector of the parish the names of all persons from 
whom he has collected the poll tax; whereupon the said tax col¬ 
lector shall issue to the person or persons a poll tax receipt, 
but the clerk of court or other officer issuing such certificates 
or warrants shall have no authority to issue, and shall not issue, 
any such poll tax receipt for such collections. 

Section 2. Be it further enacted, etc., That all laws or 
parts of laws in conflict herewith be and the same are hereby 
repealed. 

ACT No. 67 OF 1920. 

An Act to amend and re-enact Section 7 of Act No. 145 of 1898, 
entitled: “An act to re-organize, establish and maintain 
the Institution for the Blind, to be known as the ‘ ‘ Louisiana 
Institute for the Blind; ” to locate the same at Baton Rouge; 
to provide for the organization and government thereof; to 
provide for the appointment of a Board of Trustees; to 
confer corporate pdwers upon said board; to define its pow¬ 
ers and duties and to provide for the expenses of the mem¬ 
bers ; to define the class of persons to be admitted in the 
Institution and privileges they shall receive.” 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That Section 7 of Act No. 145 of 1898 en¬ 
titled: “An Act to re-organize, establish and maintain the 
Institution for the Blind, to be known as the “Louisiana Insti¬ 
tute for the Blind;” to locate same at Baton Rouge; to provide 
for the organization and government thereof; to provide for the 
appointment of a Board of Trustees; to confer corporate powers 
upon said board; to define its powers and duties and to provide 
for the expenses of the members; to define the class of persons 


109 


to be admitted in the Institution and the privileges they shall 
receive”, be amended and re-enacted so as to read as follows: 

Section 7. Be it further enacted, etc., That persons admitted 
as pupils under fourteen years of age, may continue in the 
Institution ten years; if over fourteen and under seventeen 
years of age, they may continue eight years; and if over seven¬ 
teen years of age, they may continue five years; provided the 
Board may in any case extend the term two years. The Board 
of Trustees shall, with such appropriations as may be made for 
such purpose from time to time by the General Assembly, con¬ 
struct and maintain a separate building or buildings on separate 
ground for the admission, care, instruction and support of all 
blind persons of the colored or black race who shall be received,, 
maintained and retained in such separate department under the 
same provisions, conditions and limitations as are prescribed 
in this Act for all blind persons, and persons of defective vision, 
as set forth in this Act and with such appropriations made 
from time to time by the General Assembly. 

ACT No. 74 OF 1920. 

An Act to provide for the compulsory attendance of mentally 
or morally deficient children in special classes or schools 
organized and maintained by the parish school boards for 
their benefit, providing a penalty, giving parish school 
boards authority to furnish free textbooks under certain 
conditions, and repealing all laws in conflict. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That the parish school boards shall have 
authority to organize and maintain special classes or schools for 
the benefit of mentally or morally deficient children whose needs 
cannot be properly cared for in the regular public schools. 

Section 2. Be it further enacted, etc., That the parents or 
guardians of children coming under the provisions of this Act 
shall be required to enforce the regular attendance of their 
children or wards in the classes or schools to which they have 
been assigned by the parish school boards. All violations of 
this provision by any parent, guardian, or other person having 
control of children assigned to such special classes or schools, 
shall be tried in the proper courts having jurisdiction, and 


110 


the penalty for every violation of said provisions shall be a fine 
of not exceeding ten dollars, or imprisonment not exceeding 
ten days in jail, or both, at the discretion of the court. 

Section 3. Be it further enacted, etc., That all cases of non- 
attendance of children at schools, as above required, which is 
not due to the fault of the parent, guardian or other person 
having control of such children, on account of failure to comply 
with the foregoing provisions, but is due to truancy on the part 
of the child or children shall be considered as delinquency and 
such child or children shall be reported to the Juvenile Court 
as delinquent children, there to be dealt with in such manner 
as the judge of said court may determine, either by placing 
said delinquents in a public or private asylum, home or other 
public institution, where schooling may be provided for said 
children, or otherwise. 

Section 4. Be it further enacted, etc., That truancy as herein 
used is defined to be absence from school for the reason that the 
parent or guardian is unable to exercise any control over the 
child or children and is unable to enforce the attendance of 
same. 

Section 5. Be it further enacted, etc., That the courses of 
study to be pursued in such special classes or schools shall be 
approved by the State Board of Education. 

Section 6. Be it further enacted, etc., That the State Board 
of Education shall have authority to aid in the support of classes 
or schools as provided for in Section 1 of this Act, out of any 
available funds at its disposal. 

Section 7. Be it further enacted, etc., That all laws or parts 
of laws in conflict with the provisions of this Act be and the 
same are hereby repealed. 

ACT No. 105 OF 1920. 

An Act to promote the interest of Education by prohibiting the 
practice of hazing in any of its forms, or the employment 
of any form of initiation to the fraternities that will be of 
bodily danger or inflict physical punishment to persons by 
any students or persons attending any educational institu¬ 
tion supported in whole or in part by public funds of the 
State of Louisiana, and to provide penalties for the viola¬ 
tion of this act. 


Ill 


Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That hazing in any form, or the employment 
of any form of initiation to the fraternities that will be of 
bodily danger or inflict physical punishment to persons by any 
students or persons attending any educational institution sup¬ 
ported in whole or in part by public funds belonging to the 
State of Louisiana be and the same is hereby prohibited. 

Section 2. Be it further enacted, etc., That any person who 
shall violate the provisions of this Act shall be expelled from 
the said educational institution in which he is in attendance 
and not be permitted to attend said educational institution dur¬ 
ing the current session in which the said violation shall occur. 

Section 3. Be it further enacted, etc., That any person found 
guilty of a violation of any of the provisions of Section 1 of this 
Act shall be deemed guilty of a misdemeanor, and upon convic¬ 
tion therefor by a court of competent jurisdiction shall be sen¬ 
tenced to pay a fine of not less than ten dollars and not more 
than one hundred dollars, or be imprisoned in the parish jail 
for not less than ten days and not more than thirty days, or 
both such fine and imprisonment at the discretion of the court. 

Section 4. Be it further enacted, etc., That all laws and 
parts of laws in conflict herewith be and the same are hereby 
repealed. 

ACT No. 133 OF 1920. 

An Act to provide for the admission of feebleminded persons 
to the “State Colony and Training School” by the Super¬ 
intendent; for the transfer of the feebleminded persons 
from the Louisiana Hospital for the Insane and the East 
Louisiana Hospital for the Insane to the “ State Colony and 
Training School;” for the transfer of insane persons from 
the “State Colony and Training School” to a hospital for 
the insane; and for the parole to homes, of inmates of the 
“State Colony and Training School.” 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That feebleminded persons may be admitted 
to the “State Colony and Training School” by the superintend¬ 
ent and the Board of Administrators, in the following manner: 

Application for admission shall be made (1) by the father 
and mother of the feebleminded person, if they are living to- 


112 


gether; (2) if the father and mother are not living together, by 
the one having the custody of the feebleminded person; (3) by 
a guardian duly appointed; (4) by the superintendent of a 
parish poor farm, or by the superintendent or other administra¬ 
tive officer in charge of a children’s home or orphanage; or 
(5) by the police jury of any Parish. Such an application shall 
be accompanied by full answers to all interrogatories presented 
by the Board of Administrators of the ‘ ‘ State Colony and Train¬ 
ing School”, and by all the information required by said board. 

When such application is received by the Board of Adminis¬ 
trators and the superintendent, it shall be the duty of the super¬ 
intendent to make, or to have made, complete physical and 
mental examinations of the persons whose admission is applied 
for, and also to examine the home conditions of the alleged 
feebleminded person. 

When after such examinations of the person and the home, 
the superintendent is satisfied the person is feebleminded in the 
meaning of Act 141 of the Laws of 1918, and when he has ac¬ 
commodations in the “State Colony and Training Scohol” to 
take proper care of said person, he may receive such person as 
an inmate of the institution. 

When any feebleminded person is so admitted by the super¬ 
intendent to the “State Colony and Training School”, the said 
person then and there by this act of the superintendent becomes 
a ward of the state and the “State Colony and Training School” 
shall thenceforth have exclusive care, custody and control of 
such person. The superintendent shall direct his training and 
education in a manner best suited to his capacity for develop¬ 
ment. 

A person so admitted to the “State Colony and Training 
School” shall be subject to parole to his home under direction 
of the superintendent as is hereinafter provided for in the cases 
of other inmates. 

An inmate so admitted by the Superintendent can be dis¬ 
charged from the “State Colony and Training School” only 
upon application to, and with proper orders issuing from the 
District Court of any Parish, from which he was admitted to 
the institution, or the Civil District Court of the Parish of Or¬ 
leans, in case he was admitted from Orleans Parish. Every 


113 


such feebleminded person admitted to the “ State Colony and 
Training School” by the Superintendent may at any time peti¬ 
tion such court to discharge him or her from the institution, and 
when such petition is properly filed, such court shall proceed as 
is provided in Section 18 of Act 141 of the laws of 1918., 

Section 2. Be it further enacted, etc., That any patient in 
the East Louisiana Hospital for the Insane, or the Louisiana 
Hospital for the Insane, who is, in the judgment of the super¬ 
intendent of the hospital, and of the superintendent of the 
“State Colony and Training School’”, not insane, but is feeble¬ 
minded as defined in Section 2 of Act 141 of 1918, may be trans¬ 
ferred to the “State Colony and Training School”, provided 
there are accommodations in the “State Colony and Training 
School” for him. Upon receiving the consent of the Superin¬ 
tendent of the “State Colony and Training School” to receive 
such a feebleminded patient, the superintendent of a hospital 
for the insane, shall make a full transcript of the history and 
record of the patient, shall issue an order in duplicate for his 
transfer to the “State Colony and Training School”, and shall 
have the patient conveyed with his record and the orders of 
transfer to the “State Colony and Training School.” 

One copy of the transfer order shall be delivered to the Super¬ 
intendent of the Colony and Training School. The other copy 
shall be dated and countersigned by the superintendent of the 
Colony and Training School and returned to the record of the 
patient at the hospital for insane. 

Section 3. Be it further enacted, etc., That any inmate of the 
“State Colony and Training School” who is, or shall become 
insane in the judgment of the superintendent of the “State 
Colony and Training School”, and of the superintendent of a 
hospital for the insane, may be transferred to a hospital for the 
insane, provided there are accommodations for him therein. 
Upon receiving the consent of the superintendent of a hospital 
for the insane to receive such insane inmate, the suprintendent 
of the “State Colony and Training School” shall make a full 
transcript of the history and record of the case, shall issue an 
order in duplicate for the transfer of the insane inmate to the 
hospital for insane, and shall send the insane person with the 
transcript of his history and the two orders for his transfer to 


114 


the superintendent of the hospital for insane. One copy of the 
transfer order shall be retained at the hospital for insane with 
the patient. The other copy of the order for transfer shall be 
dated and countersigned by the superintendent of the hospital 
for insane, and returned to the record of the case at the “ State 
Colony and Training School.” 

Section 4. Be it further enacted, etc., that whenever in the 
opinion of the superintendent of the “ State Colony and Train¬ 
ing School” it would be to the advantage of any inmate of the 
institution, and to the advantage of the community, to parole 
such an inmate to a given private home, and after having had 
the proposed home and community investigated by an agent of 
the “State Colony and Training School”, he may grant such a 
parole to such patient for any length of time he deems advisable. 

The superintendent may require the person applying for 
such parole of an inmate to sign a written obligation with 
sureties to properly care for and support such inmate while on 
parole, and to return said inmate to the “State Colony and 
Training School” at his own expense in the event the parole 
terminates or is revoked. 

Every inmate of the “State Colony and Training School” 
placed on parole must be visited frequently by agents of the 
“State Colony and Training School”, and reports made to the 
superintendent to assure him that such inmates are being prop¬ 
erly cared for in families having means to do so with entire 
safety to the inmate on parole and to the community. At any 
time when the superintendent is not satisfied that the entire 
safety of the paroled inmate and the community are adequately 
guaranteed by the conditions, it shall be his duty to recall the 
paroled inmate to the confines of the “State Colony and Train¬ 
ing School.” 

Section 5. Be it further enacted, etc., That all laws or parts 
of laws in conflict herewith be and the same are hereby re¬ 
pealed. 

Section 6. Be it further enacted, etc., That this act shall take 
effect and be in force from and after its passage and approval 
by the Governor. 


115 


ACT No. 152 OF 1920. 

An Act authorizing Parish School Boards of the several Parishes 
in the State of Louisiana, in connection with powers of 
special taxation for school purposes, to create school dis¬ 
tricts at any time; constituting such boards the governing 
bodies, respectively, of all school districts created by them, 
with exclusive power to order, conduct and hold all special 
school tax elections therein and to do all things necessary 
in the premises; and repealing Act 81 of 1918 and Act 17 
of 1914 of the General Assembly of the State of Louisiana 
and all laws or parts of laws in conflict with the provisions 
hereof. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That a Parish School Board of a parish 
shall have, in connection with the powers of special taxation 
for school purposes, the authority to create at any time school 
districts composed of the parish, as a whole, of any ward, or 
any two or more wards, or parts thereof, or of any other part 
or parts of the parish, and with the consent of the Parish School 
Board of an adjoining parish, or of the Parish School Boards 
of two or more adjoining parishes, to create school districts 
composed of a part of the parish and part or parts of such ad¬ 
joining parish or parishes, as the case may be, provided that 
nothing in this act shall be construed as affecting in any way 
‘the present existence of any school district or school districts 
created under existing laws, in connection with the powers of 
special taxation for school purposes, or the present or future 
authority of Parish School Boards to create districts for admin¬ 
istrative purposes exclusively. 

Section 2. Be it further enacted, etc., That no school district 
shall be created under the authority of this act, embracing the 
whole or any part of the territory of another district, nor shall 
any school sub-district be created, except that a parish as a 
whole may be created a school district wherein there exist small¬ 
er school districts or parts of smaller school districts, or smaller 
schools districts may be created embracing parts of a parish con¬ 
stituting a school district. 

Section 3. Be it further enacted, etc., That the Parish School 
Board shall be the governing body of all school districts created 


116 


by them, respectively, with exclusive power to order, conduct, 
and hold all elections in the respective districts, for the purpose 
of voting special school taxes and to do and perform all things 
necessary in the premises, provided that where a school district 
composed of parts of two or more adjoining parishes is created, 
the governing body thereof shall be and remain the Parish 
School Board of the parish which contains the part of the school 
district embracing the greater or greatest amount of taxable 
property, according to assessed valuation, as shown by the last 
assessment. 

Section 4. Be it further enacted, etc., That Act 81 of 1918 
and Act 17 of 1914 of the General Assembly of Louisiana, and 
all laws or parts of laws in conflict with any of the provisions 
hereof be and the same are hereby repealed. 

ACT No. 158 OF 1920. 

An Act authorizing the State Board of Education to issue teach¬ 
ers J certificates under certain conditions and to provide for 

emergency certificates. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That the State Board of Education shall 
have authority to: 

(a) Approve first grade, or life certificates issued to teachers 

by state departments of education of any of the states of the 
United States. t 

(b) Issue life certificates to teachers who have taught satis¬ 
factorily for as many as fifteen years in the public schools of 
Louisiana. Certificates issued under authority of this act shall 
be of the same grade as those last earned by the teachers to 
whom life certificates shall be issued. 

(c) Issue emergency certificates to meet situations of insuffi¬ 
cient numbers of available legally qualified teachers. 

Section 2. Be it further enacted, etc., That all laws or parts 
of laws in conflict w r ith the provisions of this act be and the 
same are hereby repealed. 

ACT No. 159 OF 1920. 

An Act to establish a State School for Deaf and Blind Children, 

and to provide for its administration and support. 

Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, two-thirds of the members elected to each 


117 


House concurring, That there shall be established a State School 
for the benefit of deaf and blind children of the negro race 
whose condition is such that they cannot profitably attend the 
regular public schools. 

Section 2. Be it further enacted, etc., That the affairs of said 
school shall be administered by the State Board of Education 
which Board shall determine the location of the school, elect the 
president, faculty and other employees, prescribe course of 
study, make rules and regulations to govern the school, and per¬ 
form all other duties required for the successful operation of 
the school. 

Section 3. Be it further enacted, etc., That board and in¬ 
struction shall be free except that a charge may be made for 
board in the case of such parents as are well able to pay same. 
No charge for board shall be made except with the approval of 
the State Board of Education. 

Section 4. Be it further enacted, etc., That the said school 
shall be supported out of the funds made available by the Gen¬ 
eral Assembly for that purpose. 

Section 5. Be it further enacted, etc., That this act have 
full force and effect from and after its adoption 

ACT No. 218 OF 1920. 

An Act to repeal Act No. 36 of the General Assembly of Louis¬ 
iana, session of 1894, as amended by Act No. 175 of the Gen¬ 
eral Assembly, session of 1904, entitled “An Act to require 
all State and District Boards, State and District Officers, 
charged with the reception of or disbursement of public 
funds to file with the Auditor of Public Accounts itemized, 
detailed semi-annual reports, and all Parish Officers and 
parish boards charged with the reception of or disburse¬ 
ment of public funds, to file with the Clerk of the District 
Court, itemized, detailed, semi-annual reports providing 
penalties for failures so to do.” 

.Section 1. Be it enacted by the General Assembly of the 
State of Louisiana, That Act No. 36 of the Legislature of the 
State of Louisiana, session of 1894, as amended by Act No. 175 
of the General Assembly, session of 1904, entitled “An Act to 
require all State and District Boards, State and District officers, 


118 


charged with the reception of or disbursement of public funds 
to file with the Auditor of Public Accounts itemized, detailed 
semi-annual reports, and all Parish Officers and parish boards 
charged with the reception of or disbursement of public funds, 
to file with the Clerk of the District Court, itemized, detailed, 
semi-annual reports providing penalties for failure so to do,” 
be and the same is hereby repealed. 

ACT No. 7 OF 1921. 

An Act to create a governing body for the Louisiana State 
University and Agricultural and Mechanical College in 
order to carry into effect Section Seven of Article Twelve 
of the Constitution of 1921. 

Section 1. Be it enacted by the Legislature of Louisiana: 
That the Louisiana State University and Agricultural and Me¬ 
chanical College shall be under the direction and control of 
fifteen supervisors, who shall be a body corporate, under the 
style and title of the Board of Supervisors of the Louisiana 
State University and Agricultural and Mechanical College, with 
the right, as such, to use a common seal, and who shall be cap¬ 
able in law to receive all donations, subscriptions, and bequests, 
in trust for said University and Agricultural and Mechanical 
College, and to recover all debts which may become the prop¬ 
erty of said University and Agricultrual and Mechanical Col¬ 
lege, and to sue and be sued in courts of justice, and in general 
to do all acts for the benefit of the Louisiana State University 
and Agricultural and Mechanical College, which are incident 
to bodies corporate. 

Section 2. The Governor of the State of Louisiana shall be a 
member and ex-officio president of the Board of Supervisors of 
the Louisiana State University and Agricultural and Mechanical 
College, and the fourteen other members shall be appointed by 
the Governor by and with the advice and consent of the Senate; 
provided, that at least six of the fifteen supervisors shall have 
been students of the Louisiana State University and Agricultural 
and Mechanical College and shall have taken degrees and be 
titled graduates of said institution; and provided further, that 
only one member shall be appointed from any one parish, except 
the parish of Orleans and the parish of East Baton Rouge, from 
each of which two members may be appointed. 


119 


Section 3. Two of the fourteen members of the Board of 
Supervisors appointed by the Governor shall be commissioned 
and hold office for one year, two for two years, two for three 
years, two for four years, two for five years, two for six years, 
and two fon seven years, from and after the first day of Janu¬ 
ary, 1922. Their successors shall be appointed in like manner 
and shall hold office for the full term of seven years and until 
their successors are duly appointed and qualified. Whenever a 
vacancy occurs in said board, the same shall be filled by ap¬ 
pointment in like manner for the unexpired term. 

Section-4. One of the members from the parish of East Baton 
Rouge shall be appointed vice-president of the Board of Super¬ 
visors, to preside over its meetings in the absence of the Gov¬ 
ernor. Five members of the board, including the president or 
the vice-president, shall constitute a quorum for the transaction 
of business; provided, that all the acts of said five members at 
such meeting shall be submitted for ratification or rejection at 
the next meeting of the board when a majority of the fifteen 
members may be present. 

Section 5. There shall be one regular annual meeting of the 
Board of Supervisors, at the University, on the last Monday of 
the regular annual session. Other meetings shall be held at such 
times as the Governor or the Board of Supervisors may deter¬ 
mine. For the transaction of necessary business during the in¬ 
terims between the meetings of the Board, an executive commit¬ 
tee shall be appointed by the president to consist of at least five 
members of the board, including the vice-president, who shall 
be ex-officio chairman of said executive committee; provided, 
that the acts of said executive committee shall be submitted to 
the board for ratification or rejection at its next meeting, except 
in matters wherein the board shall have given said executive 
committee full power and authority to act. 

Section 6. All laws or parts of laws in conflict with the pro¬ 
visions of this act are hereby repealed. 


120 


ACT No. 46 OF 1921. 

An Act to authorize municipal corporations, parishes and school, 
road, sub-road, sewerage, gravity drainage and sub-drain¬ 
age districts to incur and refund debt and issue negotiable 
bonds and regulating and prescribing the procedure there¬ 
for. 

Be it enacted by the Legislature of Louisiana. 

Section 1. Subdivisions; Grant of Power.—Municipal cor¬ 
porations, parishes, and school, road, sub-road, sewerage, gravity 
drainage and sub-drainage districts, (City of New Orleans and 
parish of Orleans excepted), hereinafter referred to as subdi¬ 
visions of the State, may incur debt and issue negotiable bonds 
in the form and manner and subject to the limitations and 
restrictions herein contained. 

Section 2. Governing Authorities.—The governing author¬ 
ity of subdivisions hereunder shall be: For parishes, road and 
sub-road districts, the Police Jury of the Parish; for cities, 
towns, villages and sewerage districts, the municipal boards 
thereof; for gravity drainage and sub-drainage districts, the 
Drainage Commissioners of the drainage district; for school dis¬ 
tricts, the School Board of the parish in which they are located. 
When a school district is composed of lands of more than one 
parish, then the School Board of the parish which furnishes the 
territory of said school district carrying the highest assessment, 
according to the assessment rolls last filed at the time of issu¬ 
ing the bonds, shall be the governing authority of the district. 
If a road district is composed of lands of more than one parish, 
the governing authority thereof shall be the Police Juries of 
the parishes which shall in joint session elect the president, 
secretary and treasurer for the governing authority of said 
district, and shall fix the domicile thereof at the parish seat of 
one of the parishes. 

Section 3. Elections.—No bonds shall be issued hereunder 
until they shall have been authorized by vote of a majority in 
number and amount of the property taxpayers qualified to vote 
under the Constitution and Laws of this State who vote at an 
election held hereunder. The governing authority of any polit¬ 
ical subdivision as herein defined may call a special election 
and submit to the qualified taxpaying voters the question of in- 


121 


curring debt and issuing negotiable bonds hereunder. The gov¬ 
erning authority shall call a special election for said purpose 
when requested so to do by the petition in writing of one-fourth 
of the property taxpayers eligible to vote at said election. 

Section 4. Resolution Calling Election.—Such election shall 
be ordered by resolution which shall state the purpose for which 
the debt is to be incurred, the amount of the debt, the number 
of years for which the bonds are to run, and the maximum rate 
of interest. 

Section 5. Notice of Election.—Notice of such election shall 
be given embracing substantially all matters required to be set 
forth in the resolution ordering the election, and shall set forth 
further that the authorities ordering the election will, in open 
« session, at an hour and place named, proceed to open the ballot 
boxes, canvass the returns and declare the result. Such notice 
shall be published for thirty (30) days in a newspaper pub¬ 
lished in the political sub-division, or if there be no newspaper 
published therein, then in a newspaper published in the parish; 
or if there be no newspaper published in the parish, such publi¬ 
cation shall be made in a newspaper published in an adjoining 
parish, and by posting in three public places in the political sub¬ 
division ordering the election. Four publications in a news¬ 
paper once a week, shall constitute a publication for thirty (30) 
days; provided thirty (30) days intervene between the date of 
the first publication and the date of the election. 

Section 6. Parish Purposes.—The governing authorities of 
parishes may incur debt and issue negotiable bonds of the par¬ 
ish for the following purposes to-wit: constructing and main¬ 
taining public roads, highways and bridges, constructing and 
maintaining drains, drainage canals, dykes and levees, construct¬ 
ing court houses, jails, hospitals and other public buildings and 
such other works of public improvement as the Legislature may 
expressly authorize. Debt may be incurred and bonds may be 
issued for the necessary equipment and furnishings for said 
works, buildings and improvements. The title to all such works, 
buildings and improvements shall be in the public. 

Section 7. Municipal Purposes.—The governing authorities 
of municipal corporations, including cities, towns and villages, 
may incur debt and issue bonds of the municipal corporations 


122 


Tor the following purposes, to-wit: opening, constructing, pav¬ 
ing and improving streets, sidewalks, roads and alleys, con¬ 
structing bridges; purchasing or constructing waterworks, sew¬ 
ers, drains, drainage canals, pumping plants, sewerage disposal 
works, light and power plants, gas plants, artificial ice and re¬ 
frigerating plants, halls, court houses, jails, public markets, 
abattoirs, fire department stations and equipment, hospitals, 
auditoriums, public parks, natatoriums, libraries, school houses, 
teachers’ homes, and other public buildings and such other 
works of public improvement as the Legislature may expressly 
authorize. Debt may be incurred and bonds may be issued for 
the necessary equipment and furnishings for said works, build¬ 
ings, and improvements. The title to all such works, buildings 
and improvements shall be in the public. 

Section 8. School District Purposes.—The governing author¬ 
ities of school districts, may incur debt and issue bonds of such 
districts for the following purposes, and none other, to-wit: 
acquiring lands for building sites and playgrounds; purchasing, 
•erecting, and improving school buildings and teachers’ homes 
and acquiring the necessary equipment and furnishings there¬ 
for. The title to all such lands, buildings and improvements 
shall be in the public. 

Section 9. Road District Purposes.—Road Districts, through 
the police jury or juries of the parish or parishes as the govern¬ 
ing authority thereof may incur debt and issue bonds of the 
districts for the following purposes, and none other, to-wit: 
bonds to construct sewers and sewage disposal works for such 
highways and bridges in such districts. The title to such work 
and improvements shall be in the public. 

Section 10. Sewerage District Purposes.—Sewerage Districts 
through the governing authority of the municipal corporations 
in which such districts are situated may incur debt and issue 
bonds to construct sewers and sewerage disposal works for such 
districts and for no other purpose. The title to such works 
shall be in the public. 

Section 11. Drainage District Purposes.—Drainage and sub¬ 
drainage districts through the governing authority thereof may 
iiiftur debt and issue negotiable bonds of such districts to con¬ 
struct gravity drainage works for such districts or sub-districts, 


and for no other purpose. The title to such works shall be in the 
public. 

Section 12. Polling Places; Ballots.—The governing author¬ 
ity ordering the election, shall designate the polling places; 
provide the ballot boxes; ballots; valuations of property and 
compiled statement of the voters in number and amount, and 
fix the compensation of the election officers. It shall appoint 
for each polling place, three commissioners and one clerk of 
election (all of whom shall be registered voters). 

Section 13. Qualifications of Voters.—Only property tax¬ 
payers qualified as electors under the Constitution and laws of 
this State shall be entitled to vote at any election hereunder. 
The qualifications of such taxpayers as voters shall be those of 
age, residence, poll tax payment, and registration as voters, 
as prescribed by the Constitution and statutes without regard 
to sex. There shall be no voting by proxy. 

Section 14. List of Voters.—The registrar of voters shall fur¬ 
nish to the election commissioners appointed to hold such elec¬ 
tions a list of the taxpayers entitled to vote, together with the 
valuation of each taxpayer’s property, as shown by the assess¬ 
ment roll last made and filed prior to such election; provided, 
that when any taxpayer’s name and valuation of property shall 
be omitted from such list or erroneously entered thereon, the 
commissioners of election may receive affidavits of such tax¬ 
payers’ right to vote and the proper assessed valuation of his 
property, which affidavits shall be attached to such taxpayer’s 
ballot. No defect or irregularity in or omission from the list 
of voters furnished by the registrar of voters hereunder, shall 
affect the validity of the election, unless it be established that 
voters were thereby deprived of votes sufficient in number and 
amount to have changed the result of the elction. 

Section 15. Challenging Votes.—If the vote of any taxpayer 
shall be challenged, the commissioners of election shall permit 
him to vote and shall receive in writing the grounds of chal¬ 
lenge signed by the challenger, together with the challenged 
taxpayer’s statement of his asserted right to vote, and attach 
such challenge and statement to his ballot. 

Section 16. Form of Ballot.—If more than one proposition is 
submitted at the same special election, each proposition shall 


124 


be so submitted as to enable the voter to vote thereon separately. 
The ballots to be used at special elections hereunder shall be 
in substantially the following form: 

Shall . • •• 

(Name of subdivision) incur debt and issue 

bonds to the amount of. YES 

. Dollars, to 

run . years from - 

date thereof, with interest, at the maximum rate of. 

per cent per annum, for the purpose of 

;;!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! no 

Taxable valuation, $. . 

(Signature of Voter.) 

Notice to Voters: To vote in favor of the proposition sub¬ 
mitted on this ballot, place a cross (X) mark in the square' after 
the word “YES”; to vote against it, place a similar mark after 
the word “NO”. 

Section 17. Election of Officers; Substiutes.—If any com¬ 
missioner or clerk of election shall be unable, fail or neglect to 
attend or serve at the polling place designated, and at the hour 
fixed for opening, or within one hour thereafter, the commis¬ 
sioners present shall appoint, or in the absence of all commis¬ 
sioners the voters present shall elect the necessary number of 
commissioners and clerks, who shall have the same powers, com¬ 
pensation and duties, as other commissioners and clerks and 
shall serve in the place and stead of the absentee or delinquent 
appointees. 

Section 18. Election Officers; Oaths—Commissioners and 
clerks of such elections, before opening the polls, shall be sworn 
to perform all the duties incumbent on them as such, the oath 
to be taken before any officer authorized to administer .oaths, 
or by the clerk, and each commissioner before any other com¬ 
missioner, such commissioners of election being authorized to 
administer any oath and to receive any affidavit provided for in 
this Act. 

Section 19. Voting—Each voter’s name shall be written on 
his ballot. The commissioners of election shall receive the ballot 
















125 


of each voter, check his name on the list of voters furnished by 
the registrar as having voted, enter and number his name on 
the list of taxpayers voting, and immediately deposit his ballot 
in the ballot box, reserving to each voter the right to so fold 
his ballot that it shall not be known at the time of voting whether 
he voted for or against the proposition or propositions sub¬ 
mitted. 

Section 20. Opening and Closing Polls—The polls shall open 
on the day appointed, at 7 o’clock a. m., and remain open until 
and not later than 6 o’clock p. m. No election shall be vitiated 
by a failure to open the polls at the time prescribed, or by clos¬ 
ing before the time prescribed, unless on a contest, it be estab¬ 
lished that voters were thereby deprived of votes sufficient in 
number and amount to have changed the result of the election. 

Section 21. Counting Ballots—Immediately after the closing 
of the polls, the commissioners shall, in the presence of the by¬ 
standers, open the ballot boxes, count the ballots found therein, 
check the same with the list of voters kept, proceed to count 
the votes in number and amount, keep in duplicate tally sheets 
showing the votes in number in favor of and against the propo¬ 
sition or propositions submitted and showing the valuation of 
property in favor of and against same, make in duplicate com¬ 
piled statements of the vote in number and amount, both in 
favor of and against each proposition or propositions. After 
swearing to the correctness of the numbered list of voters, the 
duplicate tally sheets arid duplicate compiled statements, they 
shall deposit the ballots, the registrar’s list of voters, the num¬ 
bered list of taxpayers voting, one duplicate tally sheet and one 
duplicate compiled statement, in the ballot box, immediately 
seal the said ballot box and within forty-eight hours after the 
closing of the polls, deliver said sealed ballot box with its con¬ 
tents to the authorities ordering such election, and shall within 
the said period deliver the duplicate tally sheet and the dupli¬ 
cate compiled statement to the Clerk of the District Court of 
the parish in which such election has been held, who shall file 
the same in his office. If the election commissioners on count¬ 
ing the ballots find that they do not correspond with the list of 
voters, they shall before examining and counting the ballots, 
examine the same for the purpose of finding the discrepancy and 


126 


if it should be found that any ballots have been duplicated the 
same shall be destroyed or if it be found that the name of a 
voter has been omitted from the list of persons voting, the same 
shall be added to said list. 

Section 22. Canvass of Returns—On the day and at the hour 
and place named in the notice of election, the authorities or¬ 
dering the election shall in public session open the ballot boxes, 
examine and count the ballots in number and amount, examine 
and canvass the returns and declare the result of such election. 
The result shall be promulgated by publication in one issue of 
a newspaper published in the subdivision, or if there be none, 
in a newspaper published in the parish, or in an adjoining 
parish where no newspaper is published in the parish. 

Section 23. Proces Verbal—The authority ordering the elec¬ 
tion shall keep a proces verbal of the canvass and shall forward 
a copy thereof to the Secretary of State, who shall record the 
same; another copy to the Clerk of the District Court, who shall 
also record said copy in the Mortgage Records, and the remain¬ 
ing copy shall be retained in the archives of the office of the 
authority ordering the election. 

Section 24. Preservation of Ballots—The custodian of the 
archives or records of the authority ordering such election shall 
preserve for a term of three months from the date of the pro¬ 
mulgation of such election the ballots and other returns thereof. 

Section 25. Issuing Bonds; Resolution—-If a majority in 
number and amount of the qualified property taxpayers voting 
at such election shall vote in favor of the proposition to incur 
debt and issue negotiable bonds, the governing authorities there¬ 
of, after promulgation of the result of such election, may by 
resolution authorize the issuance of such bonds, in an amount 
not exceeding the amount stated in the proposition, which bonds 
shall not be issued for any other purpose than that stated in the 
proposition. 

Section 26. Limit of Indebtedness—No debt shall be in¬ 
curred, nor bonds issued therefor by any subdivision hereunder, 
which including the existing bonded debt, excepting bonds is¬ 
sued and secured by an acreage tax and bonds issued under Sec¬ 
tion 14, clause (e) of the Constitution, shall exceed in the ag¬ 
gregate ten per centum of the assessed valuation of the taxable 


127 


property of such subdivision, to be ascertained by the last as¬ 
sessment for Parish, municipal or local purposes, previous to 
incurring such indebtedness. 

Section 27. Maximum Duration; Interest—No bonds issued 
by any subdivision hereunder shall run for a longer period than 
forty years from the date thereof, or bear a greater rate of in¬ 
terest than six per centum per annum, payable annually or 
semi-annually, or be sold for less than par. 

Section 28. Form of Bonds, Signing—The governing au¬ 
thority issuing the bonds, shall by resolution, fix the form and 
terms of the bonds, and the rate of interest, payable annually 
or semi-annually within the maximum rate prescribed hereby. 
Said bonds shall be payable in such medium and at such place 
or places within or without the state as may be fixed by reso¬ 
lution. All bonds issued hereunder shall be signed by the Pres¬ 
ident or chief executive officer, and the Secretary or Clerk of 
the subdivision or governing authority, under the seal of the sub¬ 
division ; the coupons, if any, shall be signed by the fac-simile 
signatures of said officers. The delivery of any bonds or 
coupons so executed at any time thereafter shall be valid, al¬ 
though before the date of delivery, the persons signing such 
bonds or coupons shall cease to hold office. 

Section 29. Resolution Prescribing Terms; Maturity—The 
governing authority issuing the bonds, shall by resolution fix 
the times within the maximum period prescribed hereby, when 
said bonds shall become payable. Said bonds shall be payable 
in annual installments beginning not more than three years 
after the date thereof, and the amount payable in each year 
shall be so fixed that when the annual interest is added to the 
principal amount to be paid, the total amount payable in each 
year in which part of the principal is payable shall be as nearly 
equal as practicable. It shall be an immaterial variance if the 
difference between the largest and smallest amounts of principal 
and interest payable annually during the term of the bonds 
Shall not exceed three per cent of the total authorized issue. 

Section 30. Registration as to Principal Only—Bonds issued 
hereunder may be either registered or coupon bonds. Coupon 
bonds may be registered as to principal in the holders name on 
the books of the financial officer of the subdivision, the regis- 


128 


tration being noted upon the bonds by such financial officer, 
after which no transfer shall be valid unless made on such finan¬ 
cial officer’s books by the registered holder, and similarly noted 
on the bonds. Bonds registered as to principal may be dis¬ 
charged from registration by being transferred to bearer, after 
which they shall be transferable by delivery, but may be again 
registered as to principal as before.. The registration of the 
bonds as to principal shall not restrain the negotiability of the 
coupons by delivery merely. 

Section 31. Registration as to Interest—Coupon bonds issued 
by any municipal corporation having a population of 20,000 
or more according to the last Federal Census or by any parish 
may also be registered as to interest, and the coupons surren¬ 
dered and interest made payable only to the registered holder 
of the bond. For that purpose the financial officer of the parish 
or municipal corporation shall detach and cancel the coupons 
and shall endorse a statement on the bonds that the coupon sheet 
issued therewith has been surrendered by the holder and the 
coupons cancelled by him, and that the semi-annual interest is 
thereafter to be paid to the registered holder or order by draft, 
check or warant, drawn payable at a place of payment specified 
in the bond. 

Bonds registered under this..section may with the consent of 
the municipal corporation or parish and holders of the bonds 
be reconverted into coupon bonds at the expense of the holder 
thereof, and again reconverted into registered bonds from time 
to time as the governing authority of the municipal corporation 
or parish and the holders of the bonds may determine. 

Such parishes and municipal corporations are authorized to 
pass all resolutions and ordinances necessary to give effect to 
the provisions hereof. 

Section 32. Refunding Bonds—For the purpose of readjust¬ 
ing, refunding, extending and unifying the whole or any part 
of its outstanding indebtedness, including bonds supported by 
special taxes, bonds issued under section 4 of article 281 of the 
Constitution of 1913, and any general indebtedness existing 
January 1, 1921, the governing authority of any subdivision 
may, when authorized by a vote of a majority, in number and 
amount of the qualified property taxpayers who vote at a spe- 


129 


cial election held hereunder, issue refunding bonds not exceed¬ 
ing in amount the bonds refunded or indebtedness due. The 
payment of the principal and interest of refunding bonds is¬ 
sued hereunder may be secured by pledge of not more than two 
mills of the general alimony tax of the subdivision or by the 
levy of special taxes in excess of all other taxes sufficient to pay 
the interest annualty or semi-annually and the principal fall¬ 
ing due each year. In addition to the other matters prescribed 
by Section 16 hereof the ballots at a special election held un¬ 
der this section shall contain the following statement, “Said 
bonds shall be secured by the pledge of.mills of the gen¬ 

eral alimony tax of said (name of subdivision)” or the state¬ 
ment “said bonds shall be secured by the levy of a special tax in 
excess of all other taxes sufficient to pay the interest and the 
principal thereof,” as determined by the governing body of the 
subdivision. The proceedings to authorize and issue such re¬ 
funding bonds shall in other respects conform to the provisions 
of this act for incurring debt and issuing bonds therefor so far 
as applicable. 

Section 33. Recital of Regularity—Before bonds of any sub¬ 
division are issued hereunder the governing authority shall in¬ 
vestigate and determine the regularity of the proceedings. The 
resolution authorizing the bonds may direct that they shall con¬ 
tain the following recital: “It is certified that this bond is au¬ 
thorized by and is issued in conformity with the requirements of 
the Constitution and Statutes of this State.” Such recital shall 
be deemed to be an authorized declaration by the governing au¬ 
thority of the subdivision and to import that there is Constitu¬ 
tional and statutory authority for incurring the debts and issu¬ 
ing the bonds, that all the proceedings therefor are regular, that 
all acts, conditions and things required to exist, happen and be 
performed precedent to and in the issuance of the bond have 
existed, happened and have been performed in due form, time, 
and manner as required by law, that the amount of the bond to¬ 
gether with all other indebtedness does not exceed any limit or 
limits prescribed by the Constitution and Statutes of this State 
and that an election has been duly and regularly held, and the 
incurring of debt and the issuing of a negotiable bond therefor 
authorized by vote of a majority in number and amount of the 



130 


property taxpayers, qualified to vote under the Constitution and 
Laws of this State, who voted at an election regularly called and 
held for the purpose after notice published or posted in the 
manner required by law. If any bond be issued containing the 
said recital, it shall be conclusively presumed that said recital, 
construed according to the import hereby declared, is true and 
neither the subdivision nor any taxpayer thereof shall be per¬ 
mitted to question the validity or regularity of the obligation 
in any court or in any action or proceeding. 

Section 34. Registration by Secretary of State.—After the 
time within which the validity of the bonds may be contested, 
has elapsed, to-wit: sixty days from the date of promulgation of 
the result of the election, bonds issued by any subdivision shall 
be registered by the Secretary of State without charge, and shall 
have endorsed thereon the words: “This bond secured by a tax. 

Registered on this.day of.19.” and signed 

by the Secretary of State or by an Assistant Secretary of State 
with the Great Seal of Louisiana affixed without charge. 

Section 35. Levy of Taxes. It shall be the duty of the gov¬ 
erning authority of any subdivision issuing bonds hereunder, to 
impose and collect annually in excess of all other taxes, a tax on 
all the property subject to taxation by the subdivision under the 
Constitution and Laws of Louisiana sufficient in amount to pay 
the interest annually or semi-annually, and the principal fall¬ 
ing due each year. Such tax shall be levied and collected by the 
same officers, at the same time and in the same manner as the 
general taxes of the sub-division. Should any subdivision neg¬ 
lect or fail for any reason to impose or collect sufficient taxes 
for the payment of the principal or interest of any bonded in¬ 
debtedness incurred hereunder, any person in interest may en¬ 
force imposition and collection thereof in any court having 
jurisdiction of the subject matter, and any suit, action or pro¬ 
ceeding brought by such person in interest shall be a preferred 
cause, and shall be heard and disposed of without delay. In 
the event of any default in the imposition and collection of any 
taxes required for the payment of the principal and interest of 
any bonded debt of any political subdivision, the taxing officers 
of the state are hereby authorized and directed to impose and 
collect said taxes, and shall certify the same, and cause the same 





131 


to be imposed and collected at the same time and in the same 
manner as the taxes for state purposes are imposed and col¬ 
lected in the subdivision incurring the debt. If there be any de¬ 
fault in the imposition and collection of any tax required for 
the payment of the principal or interest of any bonded debt of 
any school district, road, subroad, sewerage or gravity drain¬ 
age, or sub-drainage district, the governing body and taxing-of¬ 
ficers of the parishes in which such district is situated shall at 
the same time and in the same manner as taxes for parish pur¬ 
poses are imposed and collected, impose and collect such tax on 
the taxable property of such district as shall be necessary for 
the payment of the defaulted principal and interest on such 
bonded debt. All the articles and provisions of the Constitution 
of 1921, and all the laws in force or that may be hereafter en¬ 
acted regulating and relating to the collection of state taxes and 
tax sales shall also apply to and regulate the collection of the 
special taxes imposed under the provisions of this act, through 
the officer whose duty it shall be to collect the taxes and moneys 
due the subdivision imposing such special taxes. 

Section 36. Sale—All bonds issued hereunder shall be adver¬ 
tised for sale on sealed bids, which advertisement shall be pub¬ 
lished at least once a week for three weeks, the first publication 
to be made at least twenty-one days preceding the date fixed for 
the reception of bids, in a newspaper published in the subdi¬ 
vision. or if there be none, in a newspaper published in the par¬ 
ish in which the subdivision is situated; or if there be none, in 
a newspaper published in an adjoining parish, and posted in 
three public places in the subdivision at least twenty-one days 
before the date fixed for the reception of bids. Notice of sale 
shall also be published once a week for three weeks preceding 
the date fixed for the reception of bids, either in a financial 
paper published in the City of New York or the City of Chicago, 
or in a newspaper of general circulation published in a city of 
the State of Louisiana, having a population of not less than 
20,000 inhabitants, according to the last Federal Census. The 
governing body may reject any and all bids. If the bonds be 
not sold pursuant to such advertisement, they may be sold by 
the governing body by private sale, within sixty days after the 
date advertised for the reception of sealed bids, but no such 


132 


private sale shall be made at a price less than the highest bid 
which shall have been received. If not so sold, said bonds shall 
be readvertised in the manner herein prescribed. 

Section 37. Sale; Par; Application of Premium—Except as 
otherwise herein expressly provided, no bonds issued hereunder 
shall be sold for less than their par value and accrued interest, 
but the bidder for the bonds in his bid may stipulate that the 
proceeds of the bonds shall be deposited in some bank designated 
or to be designated by him to act as fiscal agent for the fund. 
The depository so designated must be a bank or banks located in 
the State of Louisiana, which shall give security to the amount 
and in the manner required of fiscal agents and depositories of 
parishes, municipalities and public boards under the Laws of 
Louisiana. If any premium be received, such premium shall be 
applied in the payment of the principal or interest of the bonds. 

Section 38. Saving Clause; Pending Proceedings—Nothing 
contained in this act shall affect any proceeding heretofore begun 
by the governing authority of any sub-division to issue bonds 
under the authority of the Constitutions of 1898 and 1913, or 
of this Constitution, and any statute heretofore in force in the 
State of Louisiana. Said proceedings may be completed under 
this act so far as the same can be made applicable thereto. 

Section 39. Sale of Bonds Heretofore Voted—If any sub¬ 
division has under the authority of the Constitutions of 1898 
and 1913, and any statute heretofore enacted, been authorized 
to incur debt and issue negotiable bonds therefor, and has by a 
majority vote in number and amount of its qualified property 
taxpayers authorized its governing authority to incur debt and 
issue negotiable bonds, the governing authority thereof may 
issue and sell said bonds without the necessity of any further 
election to authorize the same under any of the following con¬ 
ditions : 

(1) The bonds so authorized may be issued in accordance 
with the terms and conditions set forth in the proposition sub¬ 
mitted at said election, but if it be desired to sell the same at 
less than par, the governing authority may do so, provided the 
price be not less than ninety cents on the dollar and accrued in¬ 
terest, and provided also that notice of its intention so to do be 
given by publication for a period of thirty days. Publication 


133 


once a week for thirty days in a newspaper published in the 
subdivision, or if there be none, in a newspaper published in the 
parish in which the subdivision is situated; or if there be none, 
in a newspaper published in an adjoining parish, and posted in 
three public places in the subdivision, shall be deemed a suffi¬ 
cient publication, provided thirty days intervene between the 
date of the first publication and the date fixed for receiving 
bids. 

(2) The governing authority of such subdivision may au¬ 
thorize the issuance of said bonds according to the terms and 
conditions set forth and contained in the proposition or proposi¬ 
tions submitted at said election, except that the said bonds shall 
bear a rate of interest not exceeding six per centum per annum, 
payable semi-annually, after sixty days published notice of such 
intention in a weekly newspaper published in the parish in which 
the bonds are to be sold; or, if there be no newspaper published 
in the parish, by publication of such notice in a newspaper pub¬ 
lished in an adjoining parish, and by posting in three public 
places in the parish where the bonds are to be sold. 

(3) If a petition of remonstrance signed by ten per centum 
of the qualified property taxpayers of the subdivision be filed 
with the governing authority thereof, within said above desig¬ 
nated periods, no bonds shall be issued thereunder until author¬ 
ized by vote of a majority in number and amount of the qualified 
property' taxpayers voting at an election thereafter to be held. 
Such election shall be called and held in the manner herein 
provided, for the submission of the question of incurring debt 
and issuing bonds. 

Section 40. Exemption From Taxation—All bonds issued 
under the provisions of this act shall be exempt from taxation. 

Section 41. No Other Statutes Applicable—This act shall, 
without reference to any other act of the Legislature of Louisi¬ 
ana, be full authority for the issue and sale of the bonds in this 
act authorized. No ordinance, resolution or proceeding in re¬ 
spect to the issuance of any bonds hereunder shall be necessary, 
except such as are required by this act. No promulgation or 
publication of any resolution, ordinance or proceeding relating 
to the issuance of said bonds shall be necessary, except such as 
is required by this act. Any publication prescribed hereby may 


be made in any newspaper conforming to the terms of this act 
without regard to designation thereof as the official journal of 
the subdivision. 

Section 42. Bonds issued hereunder shall have all the quali¬ 
ties of negotiable paper under the law merchant and shall not 
be invalid for any irregularity or defect in the proceedings for 
the issuance and sale thereof, and shall be incontestible in the 
hands of bona fide purchasers or holders thereof for value. 

Section 43. Contests; Time Limited—For a period of sixty 
days from the date of the promulgation of the result of any 
election held under the provisions of this act, any person in 
interest shall have the right to contest the legality thereof, the 
bond issue provided for, or the tax authorized for any cause; 
after which time, no one shall have any cause or right of action 
to contest the legality, formality or regularity of said election, 
tax provision or bond authorization, for any cause whatsoever. 
If the validity of any election, special tax or bond issue author¬ 
ized or provided for under the provisions of this act be not raised 
within the sixty days herein prescribed, the authority to issue 
the bonds, the regularity thereof, and of the taxes necessary to 
pay the same, shall be conclusively presumed, and no court shall 
have authority to inquire into such matters. If any resolution 
be adopted or proceeding had more than thirty days after the 
promulgation of the result of the election, no contest, action or 
proceeding to question the validity or legality of such resolu¬ 
tion or proceeding so adopted shall be begun in any court by 
any person for any cause whatsoever, after the expiration of 
thirty days from the date when the resolution was adopted or 
proceeding had. 

Section 44. Application of Proceeds—The proceeds of the 
sale of bonds issued under the provisions of this act shall con¬ 
stitute a trust fund to be used exclusively for the purpose or 
purposes for which said bonds are authorized to be issued, but 
the purchaser of the bonds shall not be obliged to see to the 
application thereof. 

Section 45. Penalty for Violations—The commissioners and 
clerks of elections held under the provisions of this act shall 
have the same powers and duties in conducting said elections 
and in preserving order at the polls as are conferred and im- 


135 


posed upon similar officers under the General Election Laws 
of this State. Whatever is declared in the General Election 
Laws to be a felony, other crime or misdemeanor, shall be such 
for any election held under the provisions of this act and shall 
be punished in the same manner. Any wilful failure or neglect 
to comply with the requirements of this act or any wilful viola¬ 
tion of same by any officer, agent or employee of any subdi¬ 
vision herein defined, availing itself of the provisions of this 
act, shall be a crime and shall be punished by a fine of not less 
than twenty-five dollars nor more than five hundred dollars or 
by imprisonment not exceeding one year, with or without hard 
labor, or by both such fine and imprisonment, at the discretion 
of the court. 

Section 46. Repealing Clause—All laws or parts of laws in 
conflict herewith, insofar only as they are in conflict herewith, 
are hereby repealed. 

ACT No. 49 OF 1921. 

An Act to amend and re-enact Section One of Act No. 65 of the 
Acts of the General Assembly of the State of Louisiana for 
the year 1920, entitled “An act to require municipal cor¬ 
porations, parishes, levee, school, drainage, sub-drainage, 
road, sub-road, navigation and sewerage districts or other 
subdivisions of the State and parishes (the City of New 
Orleans excepted), to have published the proceedings of 
their boards and the financial statements required and fur¬ 
nished to the Supervisor of Public Accounts; to designate 
a newspaper as its official journal and providing for its 
compensation.” 

Section One. Be it enacted by the Legislature of the State 
of Louisiana, That Section One of Act No. 65 of 1920, be 
amended and re-enacted so as to read as follows: * 1 Section One: 
Be it enacted by the General Assembly of the State of Louis¬ 
iana, that municipal corporations, levee, school, drainage, sub¬ 
drainage, road, sub-road, navigation and sewerage districts or 
other subdivisions of the State and parishes (the City of New 
Orleans excepted), shall have published the proceedings of their 
Board and such financial statements required and furnished to 
the Supervisor of Public Accounts in any newspaper published 
in the parish in which such boards are domiciled, provided such 


136 


newspaper shall have been published in such locality for at 
least one year prior to its selection. In the event no news¬ 
paper is published in the parish of the domicile of said 
Board, a newspaper may be selected in an adjoining parish, 
which has a general circulation within the limits of such dis¬ 
trict. ” Provided that such proceedings and statements referred 
to shall be published in a newspaper published within the terri¬ 
torial limits of such niunicipality, levee, school, drainage, sub¬ 
drainage, road, sub-road, navigation and sewerage districts, or 
other subdivisions of the State and Parish, if there be any 
newspaper published within such territorial limits. 

Section Two. That all laws or parts of laws in conflict with 
this act be and the same are hereby repealed. 

ACT No. 20 OF 1922. 

An Act to authorize Parish School Boards in the State of Louis¬ 
iana to execute oil, gas and mineral leases on any lands 
belonging in whole or in part to said School Boards, and 
to fix the terms and conditions of such leases. 

Section 1. Be it enacted by the Legislature of Louisiana that 
the Parish School Boards of the several parishes of the State 
be and they are hereby authorized and empowered to execute 
oil, gas and mineral leases upon any lands owned in whole or 
in part by such School Boards for the purpose of having them 
explored, developed, drilled and mined for oil, gas and other 
minerals. 

Section 2. That the School Board of any parish desiring 
to effect such a lease shall fix the terms and conditions thereof, 
collect the amounts due thereunder, and place same to the credit 
of the Public Schools of the said Parish. 

Section 3. That the execution of such lease or leases shall 
be made only after a resolution has been legally adopted by the 
said School Board, in regular session assembled, authorizing 
the execution of such lease or leases. The resolution shall set 
forth in detail the property to be leased as well as the terms and 
conditions thereof, and the lease or leases shall be executed in 
strict conformance therewith. In the same resolution the said 
Board shall likewise designate one of its members to sign and 
execute the lease for the said Board. 


137 


Section 4. That all laws or parts of laws in conflict here¬ 
with be and the same are hereby repealed. 

ACT No. 33 OF 1922. 

An Act to provide for the merging or consolidating of School 

Districts. 

Section 1. Be it enacted by the Legislature of Louisiana, 
that the school boards of the various parishes of this state be 
and they are hereby authorized and empowered upon their own 
initiative to merge or consolidate two or more school districts 
into one; and that when petitioned by twenty-five (25%) per- 
cnt., or more, of the property taxpayers, resident of two or 
more districts who desire said districts to be merged or con¬ 
solidated, the school board shall submit said matter to an elec¬ 
tion of property taxpayers, qualified to vote in said districts, 
said election to be held in accordance with the terms and con¬ 
ditions of Act 256 of the Legislature of 1910 and the amend¬ 
ments thereto, and if a majority of the votes cast at said elec¬ 
tion is in favor of said merger or consolidation, then the said 
board shall at once provide for the merging or consolidating of 
the said districts into one. 

Section 2. That all laws or parts of laws in conflict here¬ 
with be and the same are hereby repealed. 

ACT No. 50 OF 1922. 

An Act to empower the Police Juries of the several Parishes to 
defray the living expenses of young men and women in the 
School of Agriculture at the Louisiana State University and 
Agricultural and Mechanical College, under specified con¬ 
ditions, by means of a contract with the beneficiaries there¬ 
of, and providing the recourse of the Parish in case of a 
violation of the said contract. 

Section 1. Be it enacted by the Legislature of Louisiana that 
the Police Juries of the several Parishes are hereby empowered 
to defray the expenses of young men and women, residents of 
Louisiana, who have graduated from any high school of the 
State or high school of another state, of recognized standing, 
to the number of not more than one from each ward of the par¬ 
ish at any one time, and three from the Parish at large who 


138 


agree and obligate themselves to enter upon the study of agri¬ 
culture and to pursue such study at the Louisiana State Univer¬ 
sity and Agricultural and Mechanical College at Baton Rouge, 
Louisiana, until they graduate from such University in the 
School of Agriculture. 

Section 2. As a condition precedent to availing themselves of 
this act, it must be shown to the satisfaction of the Police Jury 
that the young man or woman applying for aid under this act 
is financially unable to educate himself in the course of Agri¬ 
culture and that his relatives are likewise unable to render him 
the necessary financial assistance to enable him to receive such 
an education. 

Section 3. Before any young man or woman may take advan¬ 
tage of the provisions of this act, he or she with his or her par¬ 
ents or tutor, must enter into a contract with the Police Jury 
of the Parish, to be prepared by the District Attorney, agreeing 
that in consideration of the aid to be rendered under the pro¬ 
visions of this act, the recipient becomes obligated to pursue 
the study of agriculture until graduation, and after graduation 
will return to the Parish furnishing the assistance and practice 
the profession of an agriculturist for two years. 

Section 4. Any person taking advantage of the provisions 
of this act who shall violate any provision of the contract above 
provided for shall, by reason of such breach of contract become 
indebted thereby unto the Parish with whom the contract is 
made in the full amount expended by the Parish under the pro¬ 
visions hereof, and the Police Jury of the said Parish is hereby 
empowered to bring suit to recover the said sum at any time 
within a period of five years dating from the date that the 
breach of contract occurred. 

Section 5. That all laws or parts of laws in conflict here¬ 
with, be and the same are hereby repealed. 

ACT No. 96 OF 1922. 

An Act defining what shall constitute violations of law with re¬ 
spect to selling bonds for public improvements by the gov¬ 
erning authority of any political subdivision in the State, 
and providing punishment therefor; fixing liability, and 
providing for civil recovery in such cases. 


139 


Section 1. Be it enacted by the Legislature of Louisiana, 
That whenever any police jury, school board, drainage board, 
or other governing authority of any political subdivision in the 
State shall incur debt and issue bonds for works of public im¬ 
provement, any member of such governing authority who shall 
vote in favor of the sale or disposition of such bonds on terms 
and conditions different from those named in the law, or at a 
price less than the minimum fixed by the Constiution and the 
law, shall be deemed guilty of gross misconduct in office, and 
shall be impeached and removed from office in the manner pro¬ 
vided by Section 6, Article 9, of the Constitution. 

Section 2. It shall be a violation of law within the meaning 
of this Act to sell or dispose of bonds authorized for works of 
public improvement except for cash, or at a price less than that 
fixed by the Constitution and the law, without any diminu¬ 
tion whatever. It shall likewise be a violation of the law for any 
bidder or prospective purchaser of bonds to propose, or for the 
governing authority to entertain any proposal for the purchase 
of bonds which is coupled with a stipulation that the bidder 
shall have the right to name or suggest the name of the con¬ 
tractor or builder to do the work for which the bonds are to 
be sold, or coupled with any other condition calculated to af¬ 
fect the free letting of such public work. It shall also be a 
violation of law to sell or dispose of bonds upon any understand¬ 
ing which tends to hamper or restrict the free letting of public 
work by the governing authority, and any contract let contrary 
to this provision shall be contra bonos mores, and void and 
unenforceable; provided, nothing herein contained shall affect 
the rights of bona fide purchasers of such bonds, who hold same 
for value as innocent third holders. It shall further be a vio¬ 
lation of law for persons to act in collusion to restrict free bid¬ 
ding for bonds when offered for sale. 

Section 3. Any member of any governing authority, and any 
original purchaser or agent thereof, who shall violate any of the 
provisions of this act, shall be guilty of a misdemeanor and shall 
be fined in a sum not less than One Hundred Dollars ($100.00) 
nor more than One Thousand Dollars ($1,000.00) or shall be 
imprisoned in the parish jail for not more than six (6) months, 
or both at the discretion of the Court. 


140 


Any person, firm or corporation violating the provisions of 
this act shall be further liable, in solido, in a civil action, for the 
difference between the amount received for the bonds and the 
minimum amount fixed by the Constitution and the law for 
which the bonds could legally be sold. Suit for the recovery of 
this difference shall be brought by the Attorney General or the 
District Attorney on his own initiative, or when directed to do 
so by the Governor, for the benefit of the treasury of the gov¬ 
erning authority which sold the bonds. 

ACT No. 100 OF 1922. 

An Act to provide a State Board of Education and Parish school 
boards, defining their duties and powers, and providing for 
the administration and supervision of the public schools of 
Louisiana. 

Section 1. Be it enacted by the Legislature of Louisiana, That 
there shall be a State Board of Education composed of eleven 
members, three to be appointed by the Governor by and with the 
advice and consent of the Senate for terms of four years, one 
each from districts coextensive with the present Public Service 
Commission districts, and eight to be elected for terms of eight 
years, except as herein provided, from districts corresponding 
to the present Congressional districts. The first Board provided 
for by this Act shall be elected at the Congressional election of 
1922 and the terms of the eight members elected at that time 
shall be determined as follows: At the first meeting of the Board 
after said election there shall be prepared four slips of paper, 
upon one of which shall be written the first and eighth districts, 
upon another the second and fifth districts, upon another the 
third and fourth districts, and upon the last the sixth and sev¬ 
enth districts, which shall be placed in a proper receptacle from 
which a blindfolded person shall draw one slip at a time. The 
first slip drawn shall award to the members from the districts 
appearing thereon the term of two years; the second slip drawn, 
to the members from the districts appearing thereon the term 
of four years; the next slip drawn, to the members from the 
district appearing thereon the term of six years; and the mem¬ 
bers from the districts appearing on the remaining slip shall be 
awarded the term of eight years. After this first election of 


141 


members of the State Board of Education the term of all elected 
members shall be eight years. All vacancies in the membership 
of the State Board of Education, whether by death, resignation, 
or otherwise, shall be filled by appointment by the Governor 
by and with the advice and consent of the Senate. The State 
Board of Education shall be a body politic, and corporate by 
the name and style of the Louisiana State Board of Education, 
with authority to sue and defend suits in all matters relating 
to the public schools not within the jurisdiction of the parish 
school boards, as hereinafter provided. The members of the 
Board shall receive as compensation for their services in attend¬ 
ing meetings of the Board their actual transportation expenses 
and per diem of ten dollars for the number of days that the 
Board is in session, payable on their warrants, approved by the 
President and Secretary of the Board, out of the Current School 
Fund. The first State Board of Education under this Act shall 
begin office the second Monday of January, 1923. 

Section 2. The State Board of Education shall elect from its 
membership a President and a Vice-President, whose terms of 
office shall be fixed by the Board, not to exceed eight years.. 
The Board shall elect a State Superintendent of Public Educa¬ 
tion for a term of four years and fix his salary, the same not 
to be less than $5,000.00 a year nor more than $7,500.00 a year. 
The State Superintendent of Public Education shall be Secre¬ 
tary of the Board. Any vacancy in the office of State Superin¬ 
tendent of Public Education by death, resignation or otherwise 
shall be filled by the Board. The State Board of Education 
shall meet on or before the first Monday in December of each 
year, and at other times when called by the President. The acts 
of the Board shall be attested by the signatures of the President 
and Secretary of the Board. All papers, documents and records 
appertaining to the Board shall be filed by the Secretary of the 
Board in the office of the State Board of Education. The Board 
may direct that the proceedings of the State Board of Education 
be published in the official journal of the State or in an official 
pamphlet. 

Section 3. The following divisions of the State Department 
of Education are recognized and the State Board of Education 
is authorized and directed to provide the necessary employees 


.42 


in them, the salaries and expenses of whom shall be paid out 
of appropriations made by the Legislature, and such other 
sources as may be available. 

A. Division of Educational Supervision. 

B. Division of Teacher Training and Certification. 

C. Division of Vocational Education. 

The State Superintendent of Public Education shall select 
the employees in the various divisions herein established. It 
shall be the duty of the Legislature to provide at the seat of 
government the necessary offices having all needed equipment 
for the State Superintendent of Public Education, and to make 
provisions for postage, stationery, and other necessary expenses 
of the office, the cost of which must be within the limits of an 
appropriation for that purpose. 

Section 4. The State Board of Education shall prepare 
courses of study, rules, by-laws and regulations for the govern¬ 
ment of the Public Schools of the State, which shall be enforced 
by the parish superintendents and the several parish school 
boards. The State Board of Education shall strictly enforce a 
uniformity of text-books in all of the public schools of the State 
(except as hereinafter provided), and shall adopt one or more 
lists thereof, which shall remain unchanged for six years after 
such adoption; provided that any textbook used in the schools 
of the State may be changed at any time by a two-third vote of 
the full membership of the State Board of Education. All con¬ 
tracts for the adoption of text-books for use in the public schools 
shall cover a period of six years, subject to change or annul¬ 
ment in accordance with law. The adoption of elementary text¬ 
books and high school text-books shall be made at periods three 
years apart. The mode of procedure for the announcement of 
bids, awarding of contracts, location of depositories for the dis¬ 
tribution of school text-books and all other matters connected 
with the adoption and distribution of text-books shall be left to 
the State Board of Education. 

• Section 5. The State Board of Education at its option may 
require reports to be made by the parish superintendents of 
schools and teachers. 


143 


Section 6. The State Board of Education shall administer 
the affairs of the following State educational institutions: 

Louisiana State Normal College, Natchitoches. 

Louisiana Polytechnic Institute, Ruston. 

Southwestern Louisiana Institute of Liberal and Technical 
Learning, Lafayette. 

State School for the Deaf, Baton Rouge. 

State School for the Blind, Baton Rouge. 

Southern University, Scotlandville. 

State School for Blind Negroes, Scotlandville. 

State School for Deaf Negroes (not yet located). 

In its management and control of these institutions, it shall 
have authority to appoint an executive committee of two in 
addition to the State Superintendent of Public Education who 
shall be ex-officio a member and chairman, for each institution, 
the members of which shall not be required to be members of 
the State Board of Education. The executive committees pro¬ 
vided for in this section shall perform such duties as may be 
required of them by the State Board of Education. The com¬ 
pensation of the two appointive members of the executive com¬ 
mittees herein provided for shall be the same as that of mem¬ 
bers of the State Board of Education. 

It shall be the duty of the State Board of Education to sub¬ 
mit to the Legislature biennially a budget of salaries and ex¬ 
penses required for the support of the State Department of 
Education, and of appropriations needed by the various state 
educational institutions whose affairs are administered by the 
State Board of Education. This budget shall cover any mini¬ 
mum appropriations required by the Constitution and such addi¬ 
tional Legislative appropriations as, in the judgment of the 
State Board of Education, may be necessary. 

Section 7. It shall be the duty of the State Board of Educa¬ 
tion in its biennial report to the Legislature to submit statistics 
relative to aged and incapacitated public school teachers. 

Section 8. The State Board of Education shall have entire 
charge of the examination and certification of public school 
teachers. 

Section 9. The following grades of certificates shall be issued 
and all certificates shall be signed by the State Superintendent 


144 


of Public Education and any other official designated by the 
State Board of Education: High School Certificate, valid for 
five years; First Grade Certificate, valid for five years; Second 
Grade Certificate, valid for three years; Third Grade Certificate, 
valid for one year. The State Board of Education shall deter¬ 
mine the subjects which shall be used in the examination for 
any of the grades of certificates. The holders of certificates 
issued as herein provided shall be eligible to teach in any and 
all parishes of the State. 

Section 10. The State Board of Education shall have author¬ 
ity to exempt from examination graduates of standard colleges 
and normal schools located in this and other States. 

Section 11. All questions to be used in the examination of 
teachers shall be prepared by the State Superintendent of Public 
Education and shall be sent to the parish superintendents of the 
various parishes, who shall conduct the examinations. The par¬ 
ish superintendents of the various parishes shall, at the close 
of the examinations, promptly forward all necessary papers of 
applicants for certificates to the State Superintendent of Public 
Education, who shall grade, or have graded, all papers and issue 
certificates to such applicants as shall make the grades and 
averages fixed by the State Board of Education. 

Section 12. A registration fee of two dollars ($2.00) shall be 
paid to the State Department of Education for the approval 
of a diploma issued by a standard college or normal school lo¬ 
cated in another state, and the same fee shall be paid to the 
State Department of Education for the approval of first grade 
or life certificates earned in another state. Louisiana certificates 
valid for five years shall be issued to the holders of diplomas 
and certificates of the class named in this section. 

Section 13. Applicants for certificates earned in examina¬ 
tions shall pay a fee of one dollar ($1.00), said fee to be re¬ 
tained in the parishes where paid and credited to the Parish 
current school fund. 

Section 14. Certificates issued upon the basis of college or 
normal school diplomas, or first grade certificates earned in 
examinations, may be renewed by the State Department of 
Education for five year periods, in accordance with such rules 
and regulations as the State Board of Education may adopt; 


145 


provided, that nothing in this section shall be construed as con¬ 
flicting with the provisions of Act 158 of 1920 relative to the 
issuance of teachers’ certificates. No fee shall be charged for 
such renewals. 

Section 15. The State Board of Education shall have author¬ 
ity to allow such credits as it may think proper for work done 
in standard educational institutions to raise grades made in ex¬ 
aminations for teachers’ certificates or to extend teachers’ cer¬ 
tificates. 

Section 16. The State Board of Education shall have author¬ 
ity to prescribe teacher-training courses for public or private 
schools doing work of at least two years in advance of that done 
by the public high schools, and to issue first grade certificates, 
without examination, to the graduates of such courses. 

Section 17. There shall be a parish school board for each of 
the parishes, and these several parish school boards are con¬ 
stituted bodies corporate with the power to sue and be sued 
under the name and style (Name of Parish) Parish School 
Board. Citation shall be served on the President of the Board 
and in his absence on the Vice-President. 

The membership of the parish school board shall be as fol¬ 
lows : 

There shall be elected by the qualified voters of each police 
jur}^ ward of the several parishes of the State a member of the 
school board of such parish for each police juror in said ward, 
whose term of office shall be for a period of six (6) years. 

When the parish school board, under existing law, has no 
jurisdiction over or control of the public schools of a city in 
such parish, and when the limits of a ward of such parish ex¬ 
tend beyond the limits of such city, only that part of the ward 
outside the limits of such city shall be represented on the parish 
school board, and shall have only one member of said board, who 
shall be an elector of the said ward living outside the limits of 
such city, and shall be elected by the voters of said ward living 
and voting outside the limits of said city. 

The election of parish school board members shall be at the 
congressional elections. School board members now in office 
shall serve out the terms for which they were elected, their suc¬ 
cessors and all other school board members elected in the future 


146 


shall be elected for terms of six years. The parish school boards 
of the several parishes, as occasion may arise on account of 
the increase in the membership by the creation of additional 
wards or the increase of membership for any single ward, shall 
by proper resolution maintain the three divisions of the member¬ 
ship of said boards now existing as nearly equal as possible by 
allotting such new members to one of the three divisions, and 
when so allotted the term of office of such new member or mem¬ 
bers shall expire at the same time that the terms of the other 
members of the said division expire. The compensation of each 
member of the school board is hereby fixed at five dollars ($5.00) 
for each day that he may attend the meetings of the board, and 
five cents a mile that he may travel to and from the meetings 
of the board. The parish school boards shall have authority to 
appoint from their membership an executive committee of three 
members, which committee shall be charged with such duties as 
may be delegated to it by the parish school board. The members 
of the excutive committee shall receive the same compensation 
for their services when attending committee meetings as they 
receive when attending meetings of the board, provided that 
they shall not receive compensation for attending more than one 
committee meeting in any calendar month, or for both a board 
and committee meeting held on the same day. To be a member 
of a parish school board one shall, in addition to the qualifica¬ 
tions otherwise prescribed by law, be able to read and write 
and, at the time of election, assessed for not less than five hun¬ 
dred dollars ($500.00) of individual or community property in 
the parish. All vacancies in the membership of parish school 
boards caused by death, resignation, or otherwise, shall be filled 
by appointment by the Governor. 

Section 18. Whenever a parish contains a municipality, the 
population of which is more than one-half of that of the entire 
parish, the municipality shall have representation on the parish 
school board proportionate to its population, provided that the 
total membership of any parish school board shall not exceed 
fifteen members. 

Section 19. The parish school boards of the several parishes 
shall elect from among their number a president and a vice- 
president and fix their terms of office not to exceed six years. 


147 


Each board shall elect or appoint a parish superintendent of 
schools, having such qualifications as may be fixed by the State 
Board of Education, for a period of four years. The parish 
superintendent of schools shall not be required to be a qualified 
elector or a resident of the parish which he is to serve as super¬ 
intendent. He shall be required to devote his entire time to the 
office of parish superintendent of schools. The first parish 
superintendent of schools selected under this Act shall take 
office July 1, 1925. 

If at any time a parish superintendent shall be found incom¬ 
petent, inefficient or unworthy, he shall be removable for such 
cause by a majority vote of the membership of the parish school 
board at any regular meeting or at any special meeting after 
due notice. 

Section 20. The parish school board shall determine the 
number of schools to be opened, the location of the schoolhouses, 
the number of teachers to be employed, select such teachers from 
nominations made by the parish superintendent, provided that a 
majority of the full membership of the board may elect teachers 
without the endorsement of the superintendent. The board 
shall have authority to employ teachers by the month or by 
the year, and to fix the salaries of the teachers. The board 
shall see that the provisions of the state school laws are com¬ 
plied with. 

Each school board is authorized to make such rules and regu¬ 
lations for its own government, not inconsistent with law or 
with the regulations of the Louisiana State Board of Education, 
as it may deem proper. 

The regular meetings of each board shall be held in the first 
week of January, April, July and October, on such day of the 
week as each board shall select, and it may hold such special or 
adjourned meetings as the board may determine or occasion may 
require. 

Each school board shall exercise proper vigilance in securing 
for the schools of the parish all funds destined for the support 
of the schools, including the state funds apportioned thereto, the 
poll tax collectible, and all other funds. 

The secretary shall keep a record of all transactions and pro¬ 
ceedings of the board. 


148 


The school board may receive land by purchase or donation 
for the purpose of erecting school houses, provide for and secure 
the erection of same, construct such outbuildings and enclosures 
as shall be conducive to the protection of property, and make 
repairs and provide the necessary furniture, equipment, and 
apparatus. All contracts for new buildings, and improvements 
costing more than one thousand ($1,000.00) dollars, shall be 
let to the lowest bidder, the board reserving the right to reject 
any and all bids. 

They shall have power to recover for any damage that may 
be done to the property in their charge; they may change the 
location of a schoolhouse, sell or dispose of the old site, and use 
the proceeds thereof toward procuring a new one. Provided 
that the Orleans Parish school board shall have authority to 
prescribe the rules and the regulations to govern in the employ¬ 
ment and discharge of teachers, the building and equipping and 
repairing of school houses, and the dates of the meetings of the 
school board. 

Section 21. The parish school board shall have authority to 
establish such public schools as it may deem necessary to provide 
adequate school facilities for the children of the parish, and also 
trade schools, evening schools, schools for adults, schools and 
classes for exceptional children, and such other schools or classes 
as may be necessary to meet all special or exceptional require¬ 
ments. Central or high schools may be established when neces¬ 
sary, but no high school shall be established without the sanction 
of the State Board of Education. Practical, industrial, and ag¬ 
ricultural courses shall be fostered by the public school officials, 
and the State Board of Education shall have authority to extend 
special financial aid to schools meeting required standards in 
such courses, with such funds as may be available for such pur¬ 
poses. The General Fund of the Parish School Board shall 
consist of the State Current School Fund, Poll Taxes, Fines, 
Bond Forfeitures, Police Jury appropriations, proceeds from 
the sale of timber or income from oil or gas, in short, all school 
funds except those voted or appropriated for special purposes. 
No special advantage shall be given out of the General School 
Funds to the High Schools. Buildings, additions to buildings, 
repairs, supplies, sites, and equipment may be provided out of 


149 


the general funds. Communities desiring better facilities and 
longer sessions than can be provided by a distribution of the 
general funds giving equal sessions to all schools shall secure 
same by voting special taxes or obtaining funds from other 
sources than the current or general funds. 

Section 22. The school boards of the several parishes of this 
State are prohibited from entering into any contract, agreement, 
understanding or combination, tacitly or expressly, directly or 
indirectly, with any church, monastic or other order or asso¬ 
ciation of any religious sect or denomination whatsoever, with 
the representatives thereof or with any person or corporation 
conducting a school which solicits patronage from those of any 
particular religious faith, affiliation or persuasion, for the pur¬ 
pose of running any public school or schools of this State to¬ 
gether, in connection, or in combination with any private or pa¬ 
rochial school, or other institution of learning which may be un¬ 
der the control or management of any church, monastic or other 
religious order or association of any religious sect or denomina¬ 
tion whatsoever, or under the control of any person or corpora¬ 
tion conducting a school which solicits patronage especially from 
those of any particular religious faith, affiliation or persuasion. 

Section 23. The president of the school board, or in his ab¬ 
sence the vice-president, shall preside at all meetings of the 
board, call meetings when necesasry, advise with and assist the 
parish superintendent of schools in promoting the success of the 
schools, and, generally, to do and perform all other acts and 
duties pertaining to his office as president of the board. All 
deeds and contracts for the schools shalL^e signed by him; the 
contracts with teachers shall be signed , fry the parish superin¬ 
tendent, and the contracting teachers. 

Section 24. The parish school board may appoint local school 
directors for each school and prescribe their duties. 

Section 25. A parish school board shall have authority to 
pay all or a part of the expenses of special sessions of schools 
organized and maintained for the benefit of teachers, and it 
may pay all or a part of the salaries and expenses of persons 
employed in the extension service to promote agricultural and 
other industrial instruction for the benefit of children. 


150 


Each parish school board shall have authority to purchase 
direct from the publishers textbooks selected by the State Board 
of Education in quantities sufficient to supply the needs of all 
the schools of the Parish and to furnish such textbooks to the 
patrons or guardians of the school children at cost, provided 
no parish school board buying text books as herein provided 
shall change from one list of text books to another, except as 
authorized by the State Board of Education. 

• Section 26. The parish school boards shall provide for and 
conduct such teachers’ institutes as they may deem necessary, 
and the State Board of Education shall adopt annually suitable 
professional books for use in the institute work, shall prepare 
rules and regulations for the government of the institutes, and 
do everything possible for the benefit and improvement of the 
teachers engaged in public school work. 

Section 27. It shall be the duty of the various parish school 
boards throughout the State, during the month of July of each 
year, to adopt a budget of revenues to accrue to said school 
board during the ensuing year; said budget not to include prob¬ 
able revenues arising from doubtful or contingent sources. 

Within thirty days after the adoption of the budget of 
revenues the school boards throughout the State shall adopt 
a budget of expenditures, not to exceed the budget of revenues; 
said budget of expenditures shall detail, as nearly as possible, 
the said expenditures and no item of indebtedness not included 
in said detailed estimate shall be paid by the treasurer or ex- 
officio treasurer of the school board, under pain, he and his 
bondsmen, of being personally liable for any item so paid and 
not included in said budget of expenditures; they shall budget 
for the indebtedness of previous years, in accordance with 
existing laws; if during the course of the year revenues from 
any unexpected or contingent source should have been realized, 
an amended budget of revenues may be adopted and an amended 
budget appropriating said revenues in the same proportion as 
above may also be adopted. 

Section 28. The parish school boards of all parishes of the 
State shall make an enumeration of all educable children in 
their respective parishes between January 1, 1923, and July 
1, 1923, and every four years thereafter. It is made the duty 


151 


of the parish school boards of the various parishes to employ 
thoroughly competent persons to do the work of taking the 
school census, and to fix their compensation. School board 
members shall not be employed for this purpose. Whoever shall 
make a fraudulent enumeration of children in any parish shall 
be guilty of a misdemeanor, and upon conviction thereof shall 
be fined in a sum not exceeding one thousand dollars, or im¬ 
prisoned in the parish jail not to exceed a period of one year, 
or suffer both fine and imprisonment at the discretion of the 
court. 

It shall be the duty of the State Board of Education to re¬ 
ject the lists of educables of any parish reported by the parish 
school board of the correctness or accuracy of which it may 
not be satisfied and to call upon such parish board to make a new 
and correct enumeration. 

Section 29. The parish school boards shall have authority to 
provide transportation for children living more than two miles 
from a school of suitable grade. 

Section 30. Parish school boards shall have authority to rent 
sixteenth section lands, or lease the mineral rights of same by 
resolution of the board and without the authority of a vote of 
the electors of the township in which such lands are located. 
All funds realized from the rent of sixteenth sections, or lease 
of mineral rights of sixteenth sections shall be credited to the 
current school funds of the parish. 

All elections to authorize the sale, of sixteenth section lands, 
or of timber on sixteenth section lands, shall be conducted by 
the parish school boards, and the funds realized from such sale, 
after deducting for necessary expenses connected with such 
elections, shall be promptly forwarded to the State Auditor for 
credit to the proper township. 

Section 31. The assessors and tax collectors shall receive the 
fees allowed by law for assessing and collecting taxes on only 
the poll and other taxes actually collected. The school boards 
shall pay no commissions to assessors and tax collectors on poll 
or other taxes not actually collected and paid over to the school 
treasurer, provided that in the Parish of Orleans no fees shall 
be paid or become exigible under the provisions of this Section. 

Section 32. The parish school boards that have been operat¬ 
ing on a fiscal year basis shall continue operating on that basis 


and the parish school boards that have been operating on a 
calendar year basis shall be permitted to continue to operate on 
a calendar year basis but they shall be required to so adjust 
their finances that they shall be on the fiscal year basis beg'n- 
nbiT July 1st, 1928. All parish school boards that are in debt 
for their expenditures for current expenses shall so adjust their 
finances that they will not be in debt for current expenses by 
July 1st, 1928. 

The parish school board shall have authority to borrow money 
to meet its budget of expenditures as provided in Section 27 
of this Act to secure said loans; the parish school board shall 
have authority to pledge its revenues for the calendar year, 
or fiscal year upon whichever basis it may be operating. 

Parish school boards are prohibited from making a budget of 
expenditures for current expenses in excess of budget of prob¬ 
able revenues. Ail notes evidencing money borrowed shall be 
signed by the president and treasurer of the parish school board 
and the said officials are prohibited from executing notes in 
excess of the authority granted by resolution of the Parish 
school board; the parish school board is hereby prohibited from 
authorizing loans in excess of budget of probable revenues ex¬ 
cept in case of emergency and then on a two-thirds vote of the 
entire membership of the parish school board. In the event the 
president and treasurer of the parish school board borrow in 
excess of above mentioned authority, they shall be guilty of a 
misdemeanor and upon conviction may be fined not more than 
One Thousand ($1,000.00) Dollars each. 

Section 33. The State Superintendent of Public Education 
shall file, each year separately, all papers, reports, and public 
documents transmitted to him by the boards and offficers whose 
duty it is to report to him, and hold the same in readiness to be 
examined by the Governor whenever he sees proper, by any 
committee apointed by the Legislature, or by any other inter¬ 
ested citizens; and he shall cause to be kept a record of all 
matters appertaining to his office. 

Section 34. It shall be the duty of tlm State Superintend¬ 
ent of Public Education to keep in close touch with all of the 
state educational institutions under the control of the State 
Board of Education, and of all the public schools of the various 


153 


parishes of the State with the view of seeing that the physical 
plants of the schools are adequate and kept in the proper state , 
of repair and sanitation; that the courses of study prescribed 
by the State Board of Education are faithfully followed; that 
teachers meet the standards prescribed by the State Board of 
Education; that classes are not overcrowded; that children are 
properly classified as to grades; that wise methods are used in 
the presentation of the subject matter; and in all other ways 
possible to assist the local authorities, superintendents, and 
teachers to secure the best possible results from their efforts. 
In the prosecution of this work'of inspection and supervision, 
the various employees in the State Department of Education 
shall be under the immediate direction and control of the State 
Superintendent of Public Education, and they shall make such 
verbal and written reports to him as he may require. In the 
professional administration of the schools, as indicated in this 
section, it shall be the duty of the heads of the various state 
educational institutions and of the public school officials in 
the various parishes to be guided, as far as practicable, by the 
suggestions and directions of the State Superintendent of Pub¬ 
lic Education. The traveling and other necessary expenses of 
the State Superintendent of Public Education and other em¬ 
ployees of the State Department of Education while engaged 
upon their official duties shall be paid out of the State Current 
School Fund not to exceed amounts appropriated by the Legis¬ 
lature for this purpose. 

Section 35. The State Superintendent of Public Education 
shall draw warrants on the State Auditor for the monthly sal¬ 
aries of himself and all of the other employees in the State De¬ 
partment of Education covered by appropriations by the Leg¬ 
islature, and he shall draw warrants on the State Auditor for 
the biennial appropriations macle by the Legislature covering 
such items as traveling expenses, office expenses, etc., semi¬ 
annually in advance, and these funds, when received, by the 
State Superintendent of Public Education shall be deposited in 
the bank paying the highest interest on daily balances. Any 
interest earned shall be added to the appropriations. 

The State Board of Education shall have authority to receive 
and use for public school purposes any Federal or other funds 



154 


from out-of-state sources which in the judgment of the Board 
should be accepted and can be wisely used, as well as any dona¬ 
tions from residents of the State which may become available 
for public school purposes. All such funds shall be deposited by 
the State Superintendent of Public Education in the bank pay¬ 
ing the highest rate of interest on daily balances. The State 
Superintendent of Public Education shall make such reports to 
the Supervisor of Public Accounts as are required by law. 

Section 36. It shall be the duty of the State Superintend¬ 
ent of Public Education to dr^w warrants during the months 
of November, February and June of each fiscal year on the 
State Auditor covering the amount of the State Current School 
Fund in the treasury on the basis of the number of children in 
the various parishes between the ages of six and eighteen, both 
inclusive, as per the last census of educables, the warrants to 
be made payable to the school treasurers of the various parishes. 

Section 37. The State Superintendent of Public Education 
shall annually make a report to the Governor and the members 
of the Legislature of the condition and progress made and pos¬ 
sible improvements to be made in the public schools; the amount 
and condition of the school funds; how its revenues during the 
previous year have been distributed; the amount collected and 
disbursed for public school purposes from local taxation, or 
from any other source, and how the same was expended, shall 
be set forth in the report. This report shall contain an abstract 
of the parish superintendents’ reports. He shall communicate 
all facts, statistics and information that are of interest to the 
public schools. He shall cause to be printed a sufficient number 
of copies for distribution among the members of the Legislature, 
the State officials, parish school boards, libraries, and super¬ 
intendents of schools of other states and territories, and to meet 
all exchanges of educational reports. 

The parish superintendents of schools shall make such annual 
reports to the State Board of Education by August 15 of each 
year as the State Superintendent of Public Education may re¬ 
quire. Whenever a parish superintendent of schools shall fail to 
place his annual report in the hands of the State superintendent 
of Public Education by August 15, and without an excuse ac¬ 
ceptable to the State Superintendent of Public Education, the 


155 


State Board of Education shall have authority to delegate an 
auditor to prepare the report. In such case it shall be the duty 
of the parish superintendent of schools to make readily available 
to said auditor all books, reports and other information, needed 
in the preparation of the report. The auditor’s salary and all 
other necessary expenses shall be paid out of the salary of the 
parish superintendent failing to make the required report, and 
it shall be the duty of the State Supervisor of Public Accounts 
to see that the auditor’s salary and other necessary expenses 
are paid as provided in this section. 

Section 38. The State Superintendent of Public Education’s 
annual report to the Governor and the members of the Legis¬ 
lature shall outline receipts and expenditures of the various 
state educational institutions under the direction and control 
of the State Board of Education, together with necessary in¬ 
formation concerning faculty, enrollment, graduates, courses 
of study, and any other information required to show the con¬ 
dition, progress and needs of these institutions. The presidents 
of the state educational institutions shall be required to furnish 
by the fifteenth day of August of each year such reports as 
the State Superintendent of Public Education may require. 

Section 39. Certified copies of records and papers in the 
office of the State Superintendent of Public Education shall 
in all cases be received and admitted in lieu of the originals. 
The State Superintendent of Public Education is authorized to 
make copies, when requested by any person so to do, of any 
papers deposited or filed in his office, and of any act or decision 
made by him or the State Board of Education and certify the 
same. 

Section 40. It is made the duty of the State Superintendent 
of Public Education to report to the State Board of Education 
all irregularities on the part of any parish school board, or par¬ 
ish superintendent, whenever it may come to his knowledge. 
He shall hold annually such conventions of school officials, su¬ 
perintendents and teachers as he may deem necessary for the 
promotion and advancement of the public school interests. 

Section 41. The Attorney General, when called upon by the 
State Superintendent of Public Education, the State Board of 
Education, or any parish superintendent, when authorized by 


the parish school board and its legal adviser, shall give his 
opinion in regard to any controversy or dispute affecting any 
such officers or boards, relating to their respective rights or 
duties, or affecting the schools under their charge, or any of 
them. The State Superintendent of Public Education shall 
whenever required give advice, explanations, instructions, or 
information to the school board members and superintendents 
and to citizens relative to the public school law, the duties of 
the public school officers, the rights and duties of parents, 
guardians, pupils, and all officers, the management of the 
schools, and all other questions calculated to promote the cause 
of education. He shall perform all other duties imposed upon 
him by law. 

Section 42. All teachers' certificates are revocable .by the 
State Board of Education upon satisfactory evidence that the 
holders are incompetent, unworthy or immoral. 

Section 43. The parish superintendent of schools during 
the year shall visit as often as possible each school in the parish 
and he shall exert his best endeavors in promoting the cause of 
public education. To this end he shall faithfully carry out the 
requirements of the state school laws and the rules and regula¬ 
tions made for the schools by the State Board of Education. 
The parish school boards shall have the authority to appoint 
such assistant superintendents, supervisors, stenographers, and 
bookkeepers as may be needed, and such attendance officers, 
medical directors, and such other appointees as may be neces¬ 
sary for the proper and efficient conduct of the schools, pro¬ 
vided, that no student shall be subjected to any physical exam¬ 
ination or inspection if the father, mother, or guardian of such 
student objects thereto, and to fix their salaries and prescribe 
their duties. 

Section 44. Each parish superintendent shall keep a record 
of all business transacted by him as parish superintendent, the 
names, numbers and description of school districts, the tabula¬ 
tion of reports of school principals made monthly to him by the 
principals of the schools of his parish, and all other papers, 
books and documents of value connected with his office; and 
they shall be at all times subject to inspection and examination 
by the State Superintendent of Public Education, or by any 


157 


officer, or citizen. In addition to his annual report to the 
State Superintendent of Public Education, hereinbefore pro¬ 
vided for, which shall be made in accordance with instructions 
of the State Superintendent of Public Education, he shall fur¬ 
nish to the State Department of Education such narrative and 
such information as the State Superintendent of Public Educa¬ 
tion or the State Board of Education may from time to time 
require of him. 

Section 45. The parish superintendent of schools may ad¬ 
minister the oath required of any of the officials of the public 
schools or of any person required to make oath in any manner 
thereto except to qualify school board members. 

Section 46. The parish superintendent of schools shall main¬ 
tain his office at a point in the parish designated by the parish 
school board, and shall keep his office open during the usual 
office hours to receive the reports of teachers and others and to 
transact the business required of him, except during the time 
he is visiting schools or attending to his duties elsewhere. 

Section 47. The parish superintendent of schools shall make 
quarterly reports to the parish school board upon the condition 
of the schools under his supervision, and all such reports, as 
well as all minutes of the proceedings of board meetings, shall be 
regularly published in the official journal of the school board. 
He shall keep full minutes of all proceedings of the board in 
a book provided for that purpose, and shall do and perform all 
other acts and duties pertaining to the office of the secretary of 
the board. The foregoing provisions of this section shall not ap¬ 
ply to the Parish of Orleans and further provided in said parish 
the parish superintendent of schools shall not serve as secretary 
or treasurer of the parish board. Said board shall elect a 
secretary who shall not be a member of the board and said secre¬ 
tary shall do and perform all the acts and duties pertaining to 
the office of secretary of the board. 

Section 48. If at any time a teacher becomes incompetent, 
inefficient or unworthy the parish superintendent of schools 
shall immediately report such fact to the school board of his 
parish, and the said board shall take such action as the nature 
of the case warrants; provided, that in no case shall a teacher 
be discharged without the opportunity of a hearing. Any teach- 


158 


er dismissed under the above provisions shall receive payment 
for services for the current month. 

Section 49. No person shall be appointed to teach without 
a written contract for the scholastic year in which the school 
is to be taught, and who shall not hold a certificate provided 
for by this Act of a grade sufficiently high to meet the require¬ 
ments of the school, and it is made the duty of the parish super¬ 
intendent of schools to ascertain definitely before contracting 
with a teacher that such teacher holds a certificate issued by 
the Louisiana State Board of Education. 

Section 50. It shall be the duty of parish superintendents of 
schools and teachers of the public schools of the State to make 
and keep such school records as shall be prescribed by the State 
Superintendent of Public Education, prior to receiving their 
monthly salaries at the end of each month. Each principal of a 
school shall make to the parish superintendent of schools such 
reports as may be required. If any principal wilfully neglects 
or fails to do this, the parish superintendent of schools may 
withhold the salary due until the report is satisfactorily made. 

Section 51. The superintendent of the public schools in every 
parish (the Parish of Orleans excepted) shall be and is hereby 
constituted the treasurer of all school funds appropriated by the 
state in such parish, or raised, collected, or donated therein, for 
the support of the public schools; he shall receipt for all such 
funds to the Treasurer of the State and to the collector of parish 
taxes. The parish school treasurer shall give an indemnity bond 
in such sum as may be determined by the parish school board, 
made in favor of the Governor of the State, or his successors in 
office, and the parish school board shall pay the premium of said 
bond. The superintendent of public schools shall receive no 
compensation whatever for his services as school treasurer. The 
said treasurer shall deposit the school funds in such bank or 
banks as may be designated by the parish school board under 
the provisions of the law. 

Section 52. The said treasurer, immediately upon his ap¬ 
pointment, shall demand of his predecessor in the office of 
treasurer the school funds in his hands as custodian of the 
school funds of the parish. 


159 


Section 53. The depository of the Parish School Board funds 
shall pay out the school funds intrusted to its charge only on 
warrant signed by the President and Treasurer of the Parish 
School Board. These warrants shall be numbered and shall 
specify on the face to whom and for what they are given. When 
the depository of the Parish School Board funds shall return 
the above mentioned warrants to the school treasurer they shall 
be filed in his office by him as vouchers. 

The accounts kept by the Treasurer of the school funds shall 
be subject to examination by any one who chooses to examine 
them. 

Section 54. Every teacher shall have the power and author¬ 
ity to hold every pupil to a strict accountability for any dis¬ 
orderly conduct in school or on the playgrounds of the school, 
on the street or road while going to or returning from school, 
or during intermission or recess; and the principal of the school 
shall have authority to suspend from school any pupil, for good 
cause, pending a hearing before the parish superintendent of 
schools, whose decision on the merits of the case, as well as the 
term of suspension, shall be final, reserving the right to the 
superintendent of schools to remit any portion of the time of 
suspension. 

Section 55. Each teacher of any school in this state sup¬ 
ported wholly or in part from public money shall, before re¬ 
ceiving any remuneration for services rendered in said capacity 
be fully qualified under the provisions of this Act to teach in 
the public schools of this state and shall have been employed by 
the public school authorities authorized to employ teachers. 

Section 56. Teachers now holding certificates which are in 
force and which were heretofore issued, as the result of an ex¬ 
amination held under the authority of law shall not be required 
to undergo an examination under the provisions of this Act, but 
such certificates are continued in force for their respective 
grades and for the time provided for in the law under which 
they were granted. After this Act goes into effect no person 
shall be appointed as teacher in the public schools of the State 
unless he or she holds a proper certificate. 

Section 57. Teachers shall faithfully enforce the school 
course of study and the regulations perscribed in pursuance of 


160 


law; and if any teacher shall wilfully refuse or neglect to com¬ 
ply with such requirements, the parish superintendent shall 
withhold the salary of such teacher until the teacher properly 
performs his or her duties in such respect. 

Section 58. No school with an average attendance below ten 
pupils shall be opened or maintained in any locality, except 
upon recommendation of the parish school board, giving its 
reason for such recommendation, and upon approval by the 
Louisiana State Board of Education. 

Section 59. Children for whom adequate schools of suitable 
grade have not been provided in their home parish may attend 
schools in an adjoining parish. In such cases permits shall be 
secured from the parish superintendent of the children’s home 
parish, and after they have been approved by the parish superin¬ 
tendent of the parish in which the schools that the children de¬ 
sire to attend are located they shall be presented to the prin¬ 
cipals of the schools which the children wish to attend, who shall 
be required to admit the children and provide for their instruc¬ 
tion the same as if they were residents of the parish. The super¬ 
intendent of the children’s home parish shall settle monthly for 
the instruction of such children as shall take advantage of the 
provisions of this section, the settlement to be on the basis of the 
monthly per capita cost of instruction in the children’s home 
parish. 

Children living beyond the limits of a city which supports 
and operates public schools separate and apart from the sys¬ 
tem of schools under the jurisdiction of the parish school board, 
and having the right under the Constitution to charge for the 
instruction of children not residents of the city, may attend the 
schools of such city, provided the parish school board does not 
operate adequate schools of suitable grade for the benefit of 
such children. Pupils desiring to take advantage of the pro¬ 
visions of this section shall secure permits from the parish su¬ 
perintendent of their home parish, which permits shall be ap¬ 
proved by the city superintendent of the city schools which 
the children desire to attend, who shall designate on the permits 
the schools which the children are to attend. The Parish Su¬ 
perintendent shall settle monthly for the instruction of such 
of the parish children as shall attend the city schools under the 


161 


provisions of this section, the settlement to be on the basis of 
the per capita cost of instruction in the schools which operate 
under the jurisdiction of the parish school board. 

No incidental or tuition fee shall be charged against any 
child attending a public school. 

Section 60. The branches of spelling, reading, writing, draw¬ 
ing, arithmetic, geography, grammar, United States history, 
and health, including the evil effects of alcohol and narcotics, 
shall be taught in every elementary school. In addition to 
these, such other branches shall be taught as the State Board of 
Education, or the provisions of the State Constitution, may re¬ 
quire. The minimum daily session, exclusive of all recesses, 
of every public school shall be five hours, provided that this 
shall not be construed so as to prevent half-day sessions where 
the school accommodations are insufficient for all the pupils of 
the district in a whole-day session. Nor shall it interfere with 
any arrangement made for the conduct of kindergarten schools; 
provided, that in the parish of Orleans the school board may 
fix the hours of the daily session of the public schools. A school 
week shall consist of five days and a school month of twenty 
days. 

Section 61. The free right of passage over all public ferries, 
bridges, and roads which are leased out by the State, parish or 
municipality, or over which the State or parish or municipality 
exercises any control, or for which license is paid or toll exacted, 
be and is hereby granted to all children attending schools; and 
no tolls or fees shall be demanded or exacted from said children 
by keepers or attendants of said ferries, bridges, or roads, in 
their passage to and from school between the hours of seven 
(7) o’clock a. m. and nine-thirty (9:30) a. m., and two-thirty 
(2:30) o’clock p. m., and six (6) o’clock p. m., provided that on 
Sundays and holidays no children shall have the right to cross 
said such ferries, bridges, or roads on terms different from those 
of any ordinary passenger. 

Section 62. Educational institutions of this state which are 
authorized by special acts of the Legislature, or may be so au¬ 
thorized in the future, to issue diplomas or confer degrees, shall 
be required to meet the following standards before the grad¬ 
uates of such institution shall be eligible to teach in the public 


162 


schools without being required to pass the examination for teach¬ 
ers’ certificates. 

(a) In case of normal schools, at least a two-year course in 
advance of the Louisiana high schools, and such schools must 
maintain and operate practice schools having sufficient teach¬ 
ing force. 

(b) In the case of colleges, four-year courses in advance of 
Louisiana high schools. 

Graduates of all Louisiana schools as well as schools located 
in other states meeting the standard outlined in this section, 
shall be exempted from all examinations required of teachers, 
but all other persons shall be examined in all subjects required 
of applicants for teachers’ certificates. 

Section 63. The school board of Orleans Parish shall consist 
of five members elected at large in the Congressional elections. 
The members now in office shall serve out their terms and their 
successors shall be elected for terms of six years; provided that 
the names of all candidates for election to the Orleans Parish 
School Board shall be placed in alphabetical order in a separate 
column of the ballot under the heading “ORLEANS PARISH 
SCHOOL BOARD” without reference to party affiliation or 
any other individual designation whatsoever, and that the said 
candidate shall be nominated by nomination papers only, signed 
for each candidate by not less than one hundred qualified voters 
of the Parish of Orleans. The said nomination papers shall 
be furnished, prepared, subscribed, certified, and promulgated 
in the manner and form provided for by the general election law 
i. e., Act 152 of 1898, as amended by subsequent.acts, or by laws 
on the subject matter insofar as the provision of said acts are 
not in conflict herewith, provided that nomination papers shall 
be filed with the Secretary of State before five o’clock p. m., on 
the fourth Tuesday before the day of election, and provided 
further that the making, having in possession, or distribution of 
any sample ballot, marked ballot or any other device of any 
kind whatsoever whereby attention shall be directed to the 
name of any nominee for the Orleans Parish School Board as a 
factional candidate is hereby declared to be a misdemeanor 
punishable by fine of not less than one hundred dollars nor more 
than five hundred dollars, or by imprisonment in the parish 


163 


prison for a term of not less than three months nor more than 
six months, or both at the discretion of the Court. The members 
shall have the same qualifications as those in the other parishes 
of the State. The members of the board shall serve without 
pay, and the board shall meet monthly and at such called meet¬ 
ing as the president may require. All vacancies in the member¬ 
ship of the board caused by death, resignation, or otherwise 
shall be filled by appointment by the Governor. All laws and 
rules and regulations of the State Board of Education govern¬ 
ing other parish school boards throughout the State, shall gov¬ 
ern the Orleans Parish School Board, except as this Act may 
otherwise specifically provide. 

Section 64. The Orleans Parish School Board shall have 
authority to make appropriations annually out of any of its 
funds to the Teachers’ Retirement Fund of the Public Schools 
of the Parish; provided such appropriation shall not be less than 
thirty thousand dollars, ($30,000.00) each year. The Board 
may make additional appropriations to be used as a special fund 
for such aged and infirm teachers as are, under the laws now 
existing and in effect, receiving less than twenty-five dollars a 
month. 

Section 65. The Orleans Parish School Board shall have 
authority to maintain one or more normal schools for the pro¬ 
fessional training of teachers. The course of study pursued in 
such schools must be approved by the State Board of Educa¬ 
tion. All graduates of these normal schools shall be awarded 
diplomas. 

Section 66. The Orleans Parish School Board shall have 
authority to prepare courses of study for ‘ use in the public 
schools of Orleans Parish, which courses of study must be ap¬ 
proved by the State Board of Education; and to adopt text¬ 
books for use in the public schools of Orleans Parish subject to 
the approval of the State Board of Education. 

All teachers holding proper certificates now employed in 
said public schools of Orleans parish shall be regarded as per¬ 
manent employees of said board, and said teachers shall not be 
removed from office except on written charges of immorality, 
neglect of duty, incompetency, malfeasance or non-feasance of 
which he has been found guilty by the board after investigation 


164 


and report, and further provided that all teachers hereinafter 
appointed in said schools shall be appointed annually for the 
first three years after which time the appointment may be 
made permanent by the Board if the teacher is found satis¬ 
factory. 

Section 67. The Commissioner of Public Finances of the 
City of New Orleans shall be ex-officio treasurer of the Orleans 
Parish School Board. He shall give an indemnity bond of not 
less than fifty thousand dollars ($50,000.00) in favor of the 
Governor of the State of Louisiana or his successor in office. 

Section 68. The Orleans Parish school board or its successor 
in law. shall secure its revenues as provided in the Constitution 
of the State. 

Section 69. That all laws or parts of laws in conflict here¬ 
with be and the same are hereby repealed. 

ACT No. 103 OF 1922. 

An Act to make it unlawful for any unauthorized person to go 
upon the grounds of State Schools where dormitories for 
girls and women are maintained or operated, and to provide 
a penalty. 

Section 1. Be it enacted by the Legislature of Louisiana, 
That it shall be unlawful for any unauthorized person to enter 
upon the premises or grounds of any State School or institu¬ 
tion where dormitories for girls and women are maintained or 
operated. 

Section 2. That any person violating the provisions of this 
Act shall be guilty of a misdemeanor and on conviction shall be 
sentenced to pay a fine of not less than Ten ($10.00) Dollars, 
nor more than One Hundred ($100.00) Dollars, or be imprisoned 
in the parish jail for a period of not less than ten (10) days, 
nor more than six (6) months, or both at the discretion of the 
Court. 

ACT No. Ill OF 1922. 

An Act to amend and re-enact Section 1 of Act 74 of 1920, en¬ 
titled, “An Act to provide for the compulsory attendance 
of mentally or morally deficient children in special classes or 
schools organized and maintained by the parish school 
boards for their benefit, providing a penalty, giving par¬ 
ish school boards authority to furnish free textbooks under 
certain conditions, and repealing all laws in conflict/’ 


165 


Section 1. Be it enacted by the Legislature of Louisiana, 
That Section 1 of Act 74 of 1920 be amended and re-enacted so 
as to read as follows: 

“Section 1. Be it enacted by the Legislature of Louisiana, 
That the parish school boards shall have authority to organize 
and maintain special classes or schools for the benefit of men¬ 
tally, morally, or physically deficient children whose needs can¬ 
not be properly cared for in regular public schools.” 

ACT No. 117 OF 1922. 

An Act to provide for the compulsory school attendance of chil¬ 
dren between the ages of seven and fourteen years both in¬ 
clusive, providing a penalty, giving parish school boards 
authority to furnish free textbooks under certain condi¬ 
tions, to make such rules and regulations as may be neces¬ 
sary to carry out the provisions of this Act, and repealing 
all laws in conflict, Parish of Orleans excepted. 

Section 1. Be it enacted by the Legislature of Louisiana, 
That every parent, guardian or other person residing within 
the State of Louisiana having control or charge of any child or 
children between the ages of seven and fourteen years both 
inclusive, shall send such child or children to a public or pri¬ 
vate day school under such penalty for non-compliance herewith 
as is hereinafter provided. 

Section 2. That the minimum session of attendance required 
under this Act shall be one hundred forty days or for the full 
session of the public schools where the public school session is 
one hundred forty days or less. 

Section 3. That the following classes of children between the 
ages of seven and fourteen years shall be exempted from the 
provisions of this Act, the Parish School Board to be sole judge 
in all such cases; (a) Children mentally or physically incapaci¬ 
tated to perform school duties, (b) Children who have com¬ 
pleted the elementary course of study, (c) Children living more 
than two and one-half miles from a school of suitable grade and 
for whom free transportation is not furnished by the school 
Board, (d) Children for whom adequate school facilities have 
not been provided, (e) Children whose services are needed to 
support widowed mothers. 


166 


Section 4. That all cases of violation of the foregoing pro¬ 
visions by any parent, guardian or other person having control 
of children shall be tried in the proper courts having jurisdiction 
and the penalty for every violation of any of said provisions 
shall be a fine not exceeding $10 dollars or not exceeding ten 
days in jail, or both, at the discretion of the court. 

Section 5. That all cases of non-attendance of children at 
schools, as above required,, which is not due to the fault of the 
parent, guardian, or other person having control of such chil¬ 
dren, on account of failure to comply with the foregoing pro¬ 
visions, but due to truancy on the part of the child or children 
shall be considered as delinquency and such child or children 
shall be reported to the Juvenile Court as delinquent children 
there to be dealt with in such manner as the Judge of said 
court may determine, either by placing said delinquent in a 
home, public or private institution, where school may be pro¬ 
vided for said children, or otherwise. 

Section 6. That truancy as used in this article is defined as 
absence from school without reasonable excuse. 

Section 7. That the Parish School Boards may make such 
rules and regulations as may be necessary in order to carry out 
the provisions of this Act. 

Section 8. That parish school boards shall have authority to 
furnish textbooks free to children whose parents or guardians 
are unable to provide same. 

Section 9. That all laws or parts of laws in conflict with the 
provisions of this Act be and the same are hereby repealed. 

ACT No. 125 OF 1922. 

An Act to provide for the acceptance of the benefits of an act 
pased by the Senate and House of Representatives of the 
United States of America in Congress assembled (H. R. 
4438, approved June 2, 1920) entitled, “An act to provide 
for the promotion of vocational rehabilitation of persons 
disabled in industry or otherwise and their return to civil 
employment ’ ’; and to provide for the administration of 
same. 

Section 1. Be it enacted by the Legislature of Louisiana, 
That the State of Louisiana does hereby, through its Legisla- 


167 


ture, accept the provisions and benefits of the Act of Congress, 
entitled, An act to provide for the promotion of vocational re¬ 
habilitation of persons disabled in industry or otherwise and 
their return to civil employment,” approved June 2, 1920, and 
will observe and comply with all requirements of said Act. 

Section 2. The board designated or created as the State 
Board for Vocational Education to cooperate with the Federal 
Board for Vocational Education in the administration of the 
provisions of the Vocational Education Act, approved February 
23, 1917, is hereby designated as the State Board to cooperate 
with the said Federal Board in carrying out the provisions and 
the purposes of said Federal Act providing for the vocational 
rehabilitaion of persons disabled in industry or otherwise. 

Section 3. It shall be the duty of the State Board, desig¬ 
nated to cooperate as aforesaid in the administration of the 
Federal Act, and the Labor Commissioner of Louisiana, to for¬ 
mulate a plan of cooperation in accordance with the provisions 
of this act and said act of Congress, such plan to become effective 
when approved by the Governor of the State. 

Section 4. The State Treasurer is hereby designated and ap¬ 
pointed custodian of all monies received by the State from ap¬ 
propriations made by the Congress of the United States for the 
vocational rehabilitation of persons disabled in industry or 
otherwise, and is authorized to receive and provide for the 
proper custody of the same and to make disbursement there¬ 
from upon the requisition of the State Board for Vocational Ed¬ 
ucation. 

Section 5. The State Board designated to cooperate as 
aforesaid in the administration of the Federal Act, is hereby 
authorized and empowered to receive such gifts and donations, 
either from public or private sources as may be offered uncon¬ 
ditionally, or under such conditions related to the vocational re¬ 
habilitation of persons disabled in industry or otherwise as in 
the judgment of the /State Board are proper and consistent with 
the provisions of this act. All the monies received as gifts or 
donations shall be deposited in the State Treasury and shall 
constitute a permanent fund to be called the special fund for 
the vocational rehabilitation of disabled persons. A full report 
of all gifts and donations offered and accepted, together with 


168 


the names of the donors and the respective amounts contributed 
by each, and all disbursements therefrom shall be submitted 
annually to the Governor of the State by the State Board. 

ACT No. 129 OF 1922. 

An Act concerning lost, cancelled or destroyed bonds of any 
parish, municipality, sub-division of the State, public body, 
board or agency; authorizing the issuance of new bonds 
to represent such lost, cancelled or destroyed bonds and 
providing for the registration thereof by the Secretary of 
the State. 

Section 1. Be it enacted by the Legislature of Louisiana : 
That whenever bonds duly issued by any parish, municipality, 
sub-division of the State or by any public body, board or 
agency shall be lost, destroyed or improperly cancelled, upon 
proof of such loss, cancellation or destruction of said bonds 
satisfactory to the governing body of such parish, municipality, 
sub-divsion of the State, or such public body, board or agency, 
and upon the giving to such parish, municipality, sub-division 
of the State, public body, board or agency, an indemnity bond in 
such amount as such parish, municipality, sub-division of the 
State, public body, board or agency, may require, such parish, 
municipality, sub-division of the State, or such public body, 
board or agency may, by resolution of the governing body there¬ 
of, authorize the issuance of new bonds in lieu of such lost, can¬ 
celled or destroyed bonds, which shall be in all respects identical 
with such lost, cancelled or destroyed bonds, provided, however, 
that said new bonds shall bear on their face the following addi¬ 
tional clause: 

‘ ‘ This bond is issued to replace a lost cancelled or destroyed 

bond under the authority of Act No. 

Laws of Louisiana, 1922.” 

Section 2. That said bonds and the coupons thereto attached 
shall be signed by the same officers who signed the original 
bonds, provided, however, that in the event the officers who 
executed the original bonds have retired from office; then the 
new bonds shall be signed by the officers then in office. 

Sction 3. That in the event the original bonds shall have 
been registered in the office of the Secretary of State of Louis- 



169 


iana, 'and bore a certificate evidencing such registration signed 
by the Secretary of State, said new bonds shall also be regis¬ 
tered in the office of the Secretary of State of Louisiana, and 
the Secretary of State then in office is hereby authorized and 
directed to execute and seal a similar registration certificate 
upon said bonds. 

Section 4. That the obligation of said parish, municipality, 
sub-division of the State, public body, board or agency, upon 
said new bonds, shall be identical with its obligation upon the 
original bonds, and the rights of the holder thereof shall be the 
same as those conferred by the original bonds which said new 
bonds are intended to replace. 

ACT No. 130 OF 1922. 

An Act validating the exchange of bonds by any parish, mu¬ 
nicipality, sub-division of the 'State, or any public body, 
board or agency. 

Section 1. Be it enacted by the Legislature of Louisiana: 
That the delivery to the holder of any bonds of any parish, 
municipality, sub-division of the State, or of any public body, 
board or agency, of bonds of such parish, municipality, sub¬ 
division of the State, public body, board or agency, heretofore 
made in exchange for a like amount of bonds of the same author¬ 
ized issue, is hereby validated, approved and confirmed, and 
all such bonds heretofore delivered in exchange for a like amount 
of bonds of the same authorized issue are hereby declared to be 
the valid and legally binding obligations of such parish, munici¬ 
pality, sub-division of the State, public body, board or agency 
making the exchange. 


ACT No. 139 OF 1922. 

An Act relative to the Building Contracts: providing for the 
bond to be given in connection therewith, for the recorda¬ 
tion of the contract, and bond and proceedings to be had 
thereunder and to provide for the crea'tion, recordation and 
recognition of liens and privileges and the protection of 
contractors, architects, consulting engineers, sub-contrac¬ 
tors, laborers, material men, mechanics, journeymen, cart- 
men, truckmen, and all others who shall do or perform any 


170 


work or labor upon or furnish material, machinery or fix¬ 
tures for any building or other structure upon land in this 
State. 

Section 1. Be it enacted by the Legislature of Louisiana, 
That every contract hereafter made or entered into for the re¬ 
pair, reconstruction, erection or construction of a building or of 
any other work by an undertaker, contractor, master mechanic, 
contracting engineer, shall be reduced to writing and signed by 
the parties under private signatures, or by authentic act, and 
shall be recorded in the office of the Recorder of Mortgages for 
the Parish wherein the building or said work is to be erected or 
performed before the day fixed on which said work is to com¬ 
mence and not later than thirty days after the date of said con¬ 
tract and such recordation shall preserve the liens and privileges, 
which liens and privileges are hereby created, on the building or 
other structure so repaired, reconstructed, erected or construct¬ 
ed, and on the land on which it is situated, in favor of every 
undertaker, architect, consulting engineer, contractor, master 
mechanic, or contracting engineer and sub-contractors, workmen, 
journeymen, cartmen, truckmen, laborers, mechanics or furn¬ 
ishers of material, machinery or fixtures as their interest may 
arise. The owners of such work shall require of said undertaker, 
contractor, master mechanic, or engineer, a bond with good and 
solvent surety as follows: For all contracts not exceeding 
Five Thousand Dollars the amount of the bond shall be the 
amount of the contract; for contracts over Five Thousand Dol¬ 
lars, and not exceeding One Hundred Thousand Dollars the 
bond shall not be less than fifty per cent of the contract; 
for contracts not exceeding One Million Dollars but over One 
Hundred Thousand Dollars the bond shall not be less than 
thirty-three and one-third per cent of the contract, and for con¬ 
tracts exceeding One Million Dollars, the bond shall not be less 
than twenty-five per cent of the contract 

Section 2. The bond shall be attached to and recorded with 
the contract in the Mortgage Office as above set forth and the 
conditions of the bond shall be the true and faithful performance 
of the contract and the payment of all sub-contractors, journey¬ 
men, cartmen, truckmen, workmen, laborers, mechanics and fur¬ 
nishers of material jointly as their interest may arise. Every 


171 


person having a claim against the undertaker, contractor, master 
mechanic or contracting engineer shall after the date of the com¬ 
pletion of the said work by, or the date of default of the under¬ 
taker, contractor, master mechanic or contracting engineer, mail 
or otherwise send a sworn itemized statement thereof to the 
owner or his architect or other representative, and record a 
sworn statement of the amount thereof, or his contract, if it has 
been reduced to writing, in the office of the Recorder of Mort¬ 
gages for the Parish in which the said wo^k has been done within 
thirtjr days after the registry of notice with the Recorder of 
Mortgages for the Parish where the work is done, by the owner 
of his acceptance of the work or of the contractor’s default, or 
the recordation of the architect’s certificate of completion, until 
which time the delay to file claims of privileges shall not run If 
at the expiration of said thirty days there are no such recorded 
claims filed, the Recorder of Mortgages, shall upon written de¬ 
mand of any party interested, cancel and erase from the books 
of his office all inscriptions resulting from the recordation of 
said contract or bond as to all parties except the contractor. If 
at the expiration of thirty days there are such recorded claims 
filed, the owner or other interested person may file a petition in 
a Court of competent jurisdiction citing all claimants, including 
the undertaker, contractor, master mechanic, or engineer, against 
whom said claims are filed and the surety on the bond, and shall 
threin assert whatever claim he has against any or all of them 
and require said claimants to assert their respective claims; and 
all of said claims shall be tried in concursus. In the event that 
the owner has claims in concursus with the other claimants who 
have a lien and privilege on his property under the provisions of 
this Act, the cost of completing the building or other work by 
reason of the default of the original contract, when established 
to the satisfaction of the court, and when paid for by the owner, 
shall be reimbursed to him by preference out of any balance 
which might have been due under the contract if completed by 
the contractor; but the owner shall have no claim for the excess 
in the cost of completion if such cost exceeds the amount of said 
balance, or for any other of his claims against the surety on the 
bond of the contract until all other claimants have been paid in 
full. When the owner files a concursus proceeding he must de- 


172 


posit in Court whatever funds, if any* remain in his hands after' 
paying the costs of completing the building if he was compelled 
to complete it by reason of the default of the contractor; but any 
claimant shall have the right to show in that suit or other appro¬ 
priate proceeding that the amount claimed to have been paid by 
the owner for such completion was not really paid or that work 
was done not covered by the original contract and. pending the 
trial of such issue the liens and privileges, herein given to sub¬ 
contractors and others shall remain in full force and effect. 

Section 3. Where a^y work as hereinabove set forth is done 
on buildings or other improvements made, where the person for 
whom the work is done or with whom the contract is made, or 
by whom the work is done is not the owner of the land upon 
which the work is located, then the liens and privileges created 
and established by this Act shall operate upon whatever right 
said person having the work done, or doing the work, may have 
to the use of the land as lessee, usufructuary or otherwise; and. 
said lien and privilege shall operate against the lease such person 
holds if there is one, or if said work is caused to. be erected by a 
mineral lessee, then the privilege shall exist against the mineral 
lease and whatever rights the lessee may have therein, thereon or 
thereto; provided, however, that the privileges hereby created 
shall not interfere with the lessor’s lien and privilege or his right 
to demand and recover occupancy of the leased premises in de¬ 
fault of the payment of rent, or his right to sell the lease or 
right of occupancy under any judgment he may obtain against 
his lessee growing out of the lease; and in the case of any such 
sale, the privileges herein created shall be restricted to the pro¬ 
ceeds of sale and shall not follow the property, the lease, or the- 
right of occupancy. 

Section 4. If no objections are made by any of the recorded 
claimants to the sufficiency or solvency of the surety on the bond 
within ten days after the filing of said concursus, the Court shall 
order its clerk to give to any party interested a certificate to 
that effect and on presentation of said'certificate to the Recorder 
of Mortgages he shall cancel and erase all inscriptions created by 
the recordation of said contract, bond and claims. 

Section 5. If the bond is found to be insufficient in amount 
or not to have a proper and solvent surety, or if the owner fails-. 


to require a bond, or if he fails to record the contract and bond 
during the time herein provided, he shall be liable to sub-con¬ 
tractors, journeymen, cartmen, truckmen, workmen, laborers, 
and mechanics and furnishers of material to the same extent as 
the surety would have been. And the privilege hereinbefore pro¬ 
vided for if recorded as provided in Section 2 hereof, shall re¬ 
main in full force and effect until all- claims against the building 
or other work erected on the land on which it is situated shall 
have been paid, unless otherwise ordered by the Court. In all 
cases where surety has been furnished, the surety shall be en¬ 
titled to make only the same defenses that the contractor for 
whom he signed the bond is authorized to make except as to the 
owner who has made payments in anticipation. 

Section 6. The failure of the owner to record the contract 
and bond or failure to obtain*a sufficient bond, shall not release 
the surety as to the owner who shall have full recourse against 
such surety up to the amount of the bond for whatever he may 
have to pay to complete the building or other work to satisfy the 
claims of all those who have done work thereon or furnished 
material and who have not been paid by the contractor. 

Section 7. A building contract may provide for partial pay¬ 
ments as the work progresses and any payment made by the 
owner strictly in accordance with the contract, shall absolve him 
from further liability therefor, provided he has exacted a bond 
and has recorded the contract and bond as required by this Act. 

Section 8. The privileges accorded by this Act shall be supe¬ 
rior to all other claims against the building or other work, and 
the land on which it is situated, except taxes, local assessments 
for public improvments and the vendor’s privilege on the land 
recorded prior to the building contract, and the holder.of such 
vendor’s privileges shall be entitled to a separate appraisement 
of the ground anti of the building or other work thereon and 
the holder of such privilege shall be paid from the sale of the 
property in proportion to the appraisement on the land and the 
holders of the other privileges herein granted shall be paid from 
said sale in proportion to the appraisement of the building. 

Section 9. The privilege herein granted, except where special 
rank is given thereto, shall be of equal rank if recorded as pro¬ 
vided in Section 2 hereof, and shall be paid jointly out of the 


174 


balance of funds in the hands of the owner or by the surety on 
the bond, if such balance is sufficient to pay them in full. 

Section 10. In any concursus proceeding the Attorney of the 
owner shall be entitled to a prior fee to be recovered against the 
fund dposited or against the surety, but this fee shall not be 
paid in preference to the claims of sub-contractors, journeymen, 
cartmen, truckmen, laborers or material men; and any claim of 
demurrage or liquidated damage which the owner may have 
against the contractor may be allowed only with the same rank. 
Should the owner not recover all he claims in the concursus pro¬ 
ceeding the Attorney’s fees as fixed by the Court shall be re¬ 
duced proportionately. In any concursus proceeding there shall 
be paid by preference over all other claims the costs of the pro¬ 
ceedings in Court. Any surety so desiring may invoke the con¬ 
cursus proceeding herein authorized by proper proceeding in 
Court and by depositing in Court at the time of filing of the 
proceeding the full amount of the bond, provided, that after the 
case is at issue such surety may withdraw with the permission 
of the Court all of the deposit made except sufficient to cover 
the claims made in the concursus and twenty-five per cent, ad¬ 
ditional thereto. 

Section 11. Whenever the owner or his authorized agent or 
representative undertakes the repair, reconstruction, erection or 
construction of a building or any other work for h : s own account 
or for which no contract has been entered into, then any person 
furnishing srvices or material or performing any labor on said 
building or other structure, may record in the Mortgage Office 
in the Parish in which said work is being constructed, a certified 
copy ot the building permit, or affidavit of claim or any other 
writing evidencing same, which recordation shall create a lien 
and privilege upon the building or other structure and on the 
land upon which it is situated, as created by, this Act, in favor 
of the said contractor, master mechanic or contracting engineer, 
and sub-contractors, workmen, journeymen, cartmen, truckmen, 
mechanics and furnishers of material, as their interest may arise, 
for the period of one year from the completion or occupancy of 
the building or other work which term shall not run pending 
judicial proceedings. 


175 


Section 12. Architects and consulting engineers employed by 
the owner or other person as provided in Section 2 hereof, in 
connection with buildings or other work erected or constructed 
under the terms of this Act shall have a lien and privilege for 
the payment of their contract charges on the building or other 
work and on the land on which it stands, of equal rank with the 
contractor; and said lien and privilege may be recorded at any 
time up to the limit of time provided in said Section, but shall 
affect third persons only from the date of recordation. 

Section 13. The Claims of laborers in all cases covered by 
this Act shall be secured by the lien and privilege hereinbefore 
created against buildings or other works whereon the labor was 
performed and against the land on which the same is situated, 
until they have been paid in full. 

Section 14. Nothing in this act shall be so construed as to 
deprive any claimant within the terms of this act of his right 
of action upon the bond, which right shall accrue at any time 
after the maturity of his claim. 

Section 15. All laws and parts of laws in conflict or incon¬ 
sistent herewith on the same subject matter be, and the same 
are hereby repealed; except that all contracts made heretofore 
or before December 31st, 1922, whether recorded or not, and the 
rights and obligations of all parties as to incompleted buildings 
or other works where there is no contract, shall be subject to the 
laws now existing. 

Section 16. This law shall be in force and effect from and 
after the 31st day of December, 1922. 

ACT No. 140 OF 1922. 

An Act to carry into effect Section 21 of Article 10 of the Con¬ 
stitution of 1921 by levying a tax upon all natural re¬ 
sources severed from the soil or water; including all forms 
of timber, turpentine and other forest products; minerals, 
such as oil, gas, sulphur, salt, coal, lignite and ores; also 
marble, stone, gravel, sand, shells, and other natural de¬ 
posits ; fixing liability for, and prescribing the method of col¬ 
lecting and enforcing the payment of such tax; requiring 
those engaged in the severance of, and dealing in, such 
natural resources to make reports of their business as may 


176 


be necessary for the proper enforcement of this Act; to pro¬ 
vide penalties; and to provide for the imposition and pay¬ 
ment of the license tax due and to become due under Act 
31 of 1920 and other laws, and as herein provided. 

Section 1. Be it enacted by the Legislature of Louisiana, 
That for the year 1923, and for each subsequent year, taxes as 
authorized by Section 21 of Article 10 of the Constitution of 
1921, are.hereby levied upon all natural resources severed from 
the soil or water; including all forms of timber, turpentine and 
other forest products; minerals, such as oil, gas, sulphur, salt, 
coal, lignite and ores; also marble, stone, gravel, sand, shells 
and other natural deposits. 

Such taxes shall be paid by the owner or proportionately by 
the owners thereof at the time of the severance, and become 
due and exigible quarterly, as herein provided; and they shall 
operate as a first lien and privilege on such natural resources, 
which lien and privilege shall follow said natural resources into 
the hands of third persons whether in good or bad faith, and 
whether the same be found in a manufactured or unmanufac¬ 
tured state. 

Section 2. For the purposes of taxation natural resources 
severed from the soil or water shall be divided into two classes, 
on which taxes are hereby levied and shall be paid at the fol¬ 
lowing rates: 

On oil and gas, three per centum (3%) of the gross market 
value of the total production thereof. 

On all other natural resources, two per centum (2%) of the 
gross market value of the total production thereof. 

For the purposes of this Act said gross market value of each 
such product or natural resource shall be computed in its un¬ 
manufactured state, and as of the time when, and at the place 
where it was severed or taken from the soil or water. 

Section 3. All such taxes shall be collected quarterly by the 
respective sheriffs and Ex-Officio Tax Collectors of the several 
parishes from within which the natural resources are severed, 
and by them shall be paid into the State Treasury as collected, 
and in the same manner and at the same time as required by 
law for other State collections. 


177 


When so paid into the State Treasury, two-thirds (2/3) of 
the severance taxes collected on oil and gas, together with all 
of the severance taxes collected on all other natural resources 
severed from the soil or water, shall be credited by the Auditor 
and Treasurer to a special fund, which is hereby created, to be 
known as the Severance Tax Fund of the State of Louisiana. 

The remaining one-third (1/3) of the severance taxes col¬ 
lected on oil and gas is hereby allocated to the parish from 
within which such taxes are collected, and shall be credited to 
such parish by the Auditor and Treasurer, provided such allo¬ 
cation and credit shall not exceed two hundred thousand dol¬ 
lars ($200,000.00) in any parish in any one year. When this 
limit of two hundred thousand dollars ($200,000.00) shall have 
been reached, there shall be no further allocation, and all addi¬ 
tional collections for the year shall be credited in full to the 
Severance Tax Fund herein before created. 

Section 4. The amounts allocated and credited to each oil 
and gas producing parish under this Act, shall be appor¬ 
tioned and distributed quarterly among the parish school, and 
such district governing authorities as have jurisdiction over 
the territory from within which such resources are severed and 
tax collected. 

Such apportionment and distribution shall be made within 
the first fifteen days of each calendar quarter by the Auditor 
and Treasurer in proportion to the amount of ad-valorem prop¬ 
erty taxes payable to each such governing authority as shown 
by the last completed assessment roll, and shall cover all 
amounts allocated and credited to the parishes during the pre¬ 
ceding quarter. 

Section 5. Every person, firm, corporation or association of 
persons severing any natural resources from the soil or water 
in this State shall, within thirty (30) days after the expiration 
of each quarter-annual period expiring, respectively, on the 
last day of March, June, September and December of each 
year, file with the Supervisor of Public Accounts a statement 
under oath, on forms prescribed by him, of the business con¬ 
ducted by such person, firm, corporation or association of per¬ 
sons during the last preceding quarter-annual period, showing 


178 


the kind of natural resources so severed or produced, the gross 
quantity and actual cash value thereof, the names of the own¬ 
ers at the time of severance, the portion owned by each, and 
such other reasonable and necessary information pertaining 
therto as the Supervisor of Public Accounts may require for 
the proper enforcement of the provisions of this Act. There 
shall also be shown on such quarterly reports the location of 
each such natural resource and the place or places where pro¬ 
duced or severed from the soil or water. 

At the time of rendering such quarter-annual report, each 
person, firm, corporation or association of persons shall con¬ 
currently file a duplicate thereof with the tax collector of the 
parish where said natural resource is taken or severed from 
the soil or water; and shall pay to the said tax collector a tax 
of 3% on the gross market value of the total amount of oil and 
gas, and a tax of 2% on the gross market value of the total 
amount of all other natural resources severed from the soil or 
water during the preceding three months. 

Section 6. Except as otherwise provided in this Act, the 
making of said reports, and the payment of said taxes, shall 
be by those actually engaged in the operation of severing, 
whether it be the owner of the soil, or other person severing 
from the soil of another, or the owner of any such natural re¬ 
source severing from the soil of another. 

The reporting taxpayer shall collect or with-hold out of the 
value of the products severed, the proportionate parts of the 
total tax due by the respective owners of such natural resources 
at the time of severance. 

Section 7. Every person, firm, corportion or association of 
persons actually engaged in severing oil, gas, or other natural 
resources from the soil or water, or actually operating oil or 
gas property, or other property from which natural resources 
are severed, under contracts or agreements requiring payment 
direct to the owners of any royalty interest, excess royalty, or 
working interest, either in money or in kind, is hereby author¬ 
ized, empowerd and required to deduct from any amount due, 
or from anything due, the amount of the tax herein levied 
before making such payments. 


179 


Section 8. When any person, firm, corporation or associa¬ 
tion of persons actually engaged in severing oil or gas, or other 
natural resources from the soil or water, under contracts or 
agreements requiring payments direct to any owner of the 
proportionate share of such natural resource, as set out in the 
preceding section, shall sell such oil or gas, or other natural 
resource to any person, firm, corporation or association of per¬ 
sons, under contracts or agreements requiring such purchasers 
to pay all owners of .such natural resources direct, then the 
person, firm, corporation or association of persons actually sev¬ 
ering such natural resources from the soil or water, or actually 
operating such oil or gas property, may not be required to de¬ 
duct the tax herein levied, but in which event such deduction 
shall be made by the purchaser before making payments to 
each owner of such oil, gas or other natural resources; pro¬ 
vided that nothing herein shall be construed as releasing the 
person, firm, corporation or association of persons severing the 
products from liabilty for the payment of said taxes. 

Section 9. Every person, firm, corporation or association of 
’persons purchasing oil, gas or any other natural resources sev¬ 
ered from the soil or water, under contracts or agreements re¬ 
quiring such purchaser to make payment direct to the owners 
of such oil, gas, or other natural resource, is hereby authorized, 
empowered and required to deduct from any amount due any 
owner of such natural resource the amount of the tax levied by 
the provisions of this Act before making such payments. 

All persons, firms, corporations or associations of persons 
required to deduct from amounts due to others the tax herein 
levied shall file with the Supervisor of Public Accounts, and 
with the tax collector of the parish where such natural re¬ 
source is severed from the soil or water, the reports herein re¬ 
quired, and shall at the same time pay to the said tax collector 
the amount of the tax thus deducted or withheld under the 
provisions of this Act; provided that nothing herein shall be 
construed as releasing the person, firm, corporation or associa¬ 
tion of persons severing the resources from liability for the 
payment of said taxes. 

Section 10. Whenever the title to any natural resources 
being severed from the soil or water is in dispute, or whenever 


180 


uie purchaser of such natural resources, or any person, firm, 
corporation or association of persons engaged in severing nat¬ 
ural resources from the soil or water, or in the actual operation 
of oil or gas property, shall be withholding payments on account 
of litigation, or for any other reason, such purchaser of natural 
resources severed from the soil or water, or person, firm, cor- 
poation or association of persons actually engaged in severing 
such natural resources from the soil or water, or the actual 
operation of oil or gas properties, is hereby authorized, em¬ 
powered and required to deduct from the gross amount thus 
held the amount of the tax herein levied, and to make remit¬ 
tance thereof to the tax collector of the parish wherein such 
natural resources are severed, as herein provided. 

Section 11. The owners of natural resources severed from 
the soil or water are hereby made proportionately responsible 
for the payment of the tax herein levied, and if the tax due 
on such natural resources severed from the soil or water is not 
paid by the purchaser thereof, or by the person, firm, corpora¬ 
tion or assoication of persons actually engaged in severing such 
natural resources from the soil or water, or operating oil or # 
gas properties, then the Supervisor of Public Accounts shall 
make, in any manner feasible, and cause to be recorded in the 
mortgage records of the parish where such natural resources 
are severed from the soil or water, a statement under oath 
showing the proportionate amount of the tax due by each said 
owner of the natural resources severed from the soil or water, 
which statement when filed for record, shall operate as a first 
lien, privilege and mortgage on all of the property from which 
the resources were severed and on all the property of the re¬ 
spective tax debtors as the case may be, and said property 
shall be subject to seizure and sale for the payment of th6 
taxes due; provided nothing herein shall be construed as waiv¬ 
ing or releasing the privilege on the resources severed wherever 
found. 

Section 12. Whenever the Supervisor of Public Accounts 
shall cause the statement provided for in the preceding sec¬ 
tion to be recorded, he shall give notice to the tax debtor by 
registered letter of the recordation of such statement, and 
fifteen days thereafter the said Supervisor of Public Accounts 


181 


shall cause the sheriff and tax collector of the parish whereirr 
such natural resources are severed, to seize and sell, for the- 
payment of such taxes, any property belonging to the tax debtor, 
or tax debtors, as provided above, which may be found within 
the jurisdiction of the said sheriff and tax collector. 

Section 13. The sheriff and tax collector of any parish, 
when requested by the Supervisor of Public Accounts, is hereby 
required to seize and sell any property, assets and effects belong¬ 
ing to any person, firm, corporation or association of persons 
owing the tax herein levied on any natural resource severed 
from the soil or water, after the recordation of the statement 
required in Section 11, and after the notice required in Section 
12 has been given; and all such seizures and sale shall be con¬ 
ducted in the manner and form now required for the sale of 
similar property for taxes, and penalties shall be imposed and 
collected as prescribed herein and by general laws. 

Section 14. All oil and gas leases, interest in minerals, min¬ 
eral rights, royalty interests, timber contracts, and rights of 
any kind to the ownership of any natural resource severed 
from the soil or water, are hereby declared to be subject to 
seizure and sale for the payment of the tax herein levied in 
preference to all other claims, liens and privileges. 

Section 15. The tax provided by this Act shall become de¬ 
linquent after the date fixed for each quarter-annual report to 
be filed in the office of the Supervisor of Public Accounts, and 
from such time shall, as a penalty for such delinquency, be sub¬ 
ject to a penalty of 2% per month and other penalties provided 
in the general revenue laws of this State. 

The payment of the severance tax levied by this Act shall 
be in addition to, and shall not affect the liability of the parties 
so taxed for, the payment of all state, parochial, municipal, 
district and special taxes levied upon their real estate and 
other corporeal property; but no further or aditional tax or 
license shall be levied or imposed upon oil or gas leases or 
rights; nor shall any additional value be added to the assess¬ 
ment of land by reason of the presence of oil or gas therein 
or their production therefrom. No severance tax or license shall 
be levied or imposed by any parish or other local subdivision of 
the State. 


182 


Section 16. The Supervisor of Public Accounts shall have 
the power to require any person, firm, corporation, or associa¬ 
tion of persons engaged in severing natural products from the 
soil or water to furnish any additional information by him 
deemed to be necessary for the purpose of computing the 
amount of said tax; and for said purpose to examine the books, 
records and files of such person, firm, corporation or associa¬ 
tion of persons; and, to that end, shall have the power to exam¬ 
ine witnesses, and if any such witness shall fail or refuse to 
appear at the request of the' Supervisor of Public Accounts, or 
refuse access to books, records and files, said Supervisor of 
Public Accounts shall certify the facts and the name of the 
witness so failing or refusing to appear, or refusing access to 
books and papers, to the District Court of the State having 
jurisdiction of the party; and said Court shall thereupon issue 
a summons to the said party to appear before the said Super¬ 
visor, or his assistant, at a place designated within the juris¬ 
diction of the Court, on a day fixed, to be continued as occa¬ 
sion may require, and give such evidence, and open for in¬ 
spection such books and papers as may be required, for the 
purpose of ascertaining whether or not any return so made is 
the true and correct return as herein required; and whenever it 
shall appear to the Supervisor that any such person, firm, 
corporation or association of persons engaged in severing such 
natural products from the soil or water has unlawfully made 
an untrue or incorrect return, as herein provided, said Super¬ 
visor shall correct the return and shall compute said tax on 
same, and certify the same to the tax collector for collection. 

Section 17. If any person, firm, corporation or association of 
persons shall fail to make a report of the gross production and 
value of its natural products (upon which the severance tax 
is herein levied) within the time and in the manner prescribed 
by law for such report, it shall be the duty of the Supervisor of 
Public Accounts to examine the books, records and files of any 
such person, firm, corporation or association of persons to ascer¬ 
tain the amount and value of such production and to compute 
the tax thereon as provided herein, and according to the proce¬ 
dure hereinbefore provided, where witnesses refuse to testify, 
or access to books and papers is refused, and shall add thereto 


183 


the cost of such examination, together with any penalties accru¬ 
ing thereon. 

Section 18. Any person who shall intentionally make any 
false oath to any report required by the provisions of this Act 
shall be deemed guilty of perjury and shall be subject to all 
penalties prescribed for said crime. 

Section 19. It is hereby made the duty of the Supervisor of 
Public Accounts to supervise and enforce the collection of all 
taxes that may be due under the provisions of this Act; and, to 
that end, the said Supervisor is hereby vested with all of the 
power and authority conferred by this Act. 

Section 20. It is hereby made the duty of all purchasers and 
others dealing in any natural product severed from the soil or 
water in Louisiana to file quarterly with the said Supervisor of 
Public Accounts a statement, under oath, showing the names and 
addresses of all persons, firms, corporations, or associations of 
persons from whom each said purchaser or dealer has purchased 
any natural product severed from the soil or water in Louisiana 
during said quarter; together with the total quantity of, and 
gross price paid for, each such natural product. Said reports 
shall be filed within thirty (30) days after the expiration of 
each quarter, and shall be made on such forms as may be pre¬ 
scribed by said Supervisor of Public Accounts. The failure of 
any person, firm, corporation or association of persons to make 
reports as herein provided shall be punished by fine of not less 
than fifty dollars ($50.00) nor more than five hundred dollars 
($500.00) for each such offense. 

Section 21. Nothing contained in this Act shall be construed 
as in any wise impairing or depriving the State of Louisiana 
of any rights and claims whatsoever it may have for the license 
tax due or to become due under Act 31 of 1920 and other laws, # 
and as herein provided; said rights and claims being hereby 
specially reserved, whether they be in litigation or not, and all 
proceedings pending or which may be brought shall be prose¬ 
cuted as though this Act had not been enacted; provided that 
said license tax is hereby imposed and shall be collectible in ac¬ 
cordance with the provisions of said Act 31 of 1920 up to and 
until the time herein prescribed for the reports and payment of 
the severance tax levied and as levied by this Act; it being the 


184 


true intent and purpose of this Act that said license tax shall be 
imposed and collected until the time aforesaid; and provided 
further that all funds thus collected shall be paid into the Sever¬ 
ance License Tax Fund as heretofore. 

Section 22. If any clause, sentence, paragraph, or part of 
this Act shall, for any reason, be adjudged by any court of com¬ 
petent jurisdiction to be invalid, such judgment shall not affect, 
impair or invalidate the remainder of this Act, but shall be con¬ 
fined in its operation to the clause, sentence, paragraph, or any 
part thereof, directly involved in the controversy in which such 
judgment has been rendered. 

Section 23. This Act shall become effective in accordance 
with all its terms and conditions from and after the 31st day of 
December, 1922. 


► 


185 


SANITARY REGULATIONS OF THE LOUISIANA STATE BOARD 
OF HEALTH, CONCERNING HYGIENE AND 
SANITATION OF SCHOOLS. 

SANITARY CODE, STATE OF LOUISIANA, SECTION 250. 

Note: By Act 192 of 1898 the State Board of Health is authorized to 
enact regulations which are binding upon the public. 

(a) The parish or municipal school board, and the parish 
superintendent of schools, shall be held responsible for the exe¬ 
cution and enforcement of the rules and regulations of this Code 
and all other health laws governing the hygiene of the school¬ 
room and the premises of the schools under their respective 
jurisdictions. 

(b) Plans and specifications for every schoolhouse hereafter 
erected in the state must be submitted to the parish superintend¬ 
ent of schools, and to the state superintendent of education, and 
also to the parish health officer, that it may be determined 
whether every hygienic or necessary provision is made, espe¬ 
cially with reference to ventilation, heat, light and protection 
against fire. 

(c) Every schoolhouse, public or private, or other building 
used for school purposes, shall be ventilated in such manner 
as to afford eighteen hundred cubic feet of air per hour for 
each adult, and a proportionate amount for each child, and 
shall contain not less than two hundred cubic feet of air space 
for each child to be taught therein. Windows and transoms 
shall be so constructed that windows may be lowered from the 
top and transoms opened. Every schoolhouse must be lighted 
in such a manner as to minimize the eye strain. Each room 
must contain of actual surface of glass in the windows not less 
than one-seventh of the floor space. 

(d) All doors except those which slide into wall sockets 
shall open outward, and all partition doors shall be hung on 
double action hinges. 

(e) The floors of every school must be treated with some 
antiseptic floor dressing. Applications to be made at sufficient 
intervals to keep down effectually the dust; floors to be scrubbed 
thoroughly before application. Manufacturers and dealers in 
submitting floor dressings for use in schools must give to the 
State Board of Health satisfactory evidence from reputable 


186 


bacteriologists, together with a guarantee, that the materials are 
effective. The floors of every school must be swept daily, sweep¬ 
ing to be done after all pupils have left the building. All win¬ 
dows must be thrown open and schoolhouse thoroughly aired 
after cleaning. All desks, wainscoting, window sills and base¬ 
boards in every schoolhouse in the state must be wiped off daily 
with a cloth moistened with 1-200 bi-chloride of mercury, or 
3 per cent carbolic acid solution. 

(f) Spitting on the floors, walls, etc., must be strictly pro¬ 
hibited and anti-spitting placards placed in every room. 

(g) No person suffering from any communicable disease 
shall be employed as teacher or janitor in any public school in 
this state. At the opening of each annual term teachers must 
furnish a health certificate from a registered physician of 
Louisiana addressed to the Parish Superintendent of Schools, 
certifying that they are not suffering from tuberculosis or other 
communicable disease. In any parish in which smallpox has 
been declared by the State or Parish Board of Health to be 
prevalent, and in which the vaccination of school childern has 
been recommended by a majority of the Parish Board of Health, 
no person shall attend, nor be entered as a pupil of, any public 
school without furnishing the principal of said school a satis¬ 
factory vaccination certificate as herein defined. To be satisfac¬ 
tory a vaccination certificate must state date of last vaccination, 
must be signed by a registered physician of Louisiana, and must 
state either that the pupil has been successfully vaccinated with¬ 
in five years prior to the date of certificate or that the pupil 
has been twice vaccinated unsuccessfully within one year prior 
to the date of certificate. No certificate of successful vaccina¬ 
tion shall be satisfactory after five years from date of vaccina¬ 
tion. No certificate of unsuccessful vaccination shall be satis¬ 
factory after one year from the date of vaccination. 

(h) No pupil suffering from any communicable disease shall 
be permitted to attend the public schools of this state. The 
principal or the teacher has the right to exclude any child from 
the schools whom they suspect of suffering from any communi¬ 
cable disease, pending examination and report of a registered 
physician. 


187 


(i) On the appearance in a school of any communicable 
disease, either among the pupils, teachers or attendants, the 
school shall be closed immediately and fumigated before the re¬ 
opening. 

(j) The school premises shall be thoroughly drained and 
no stagnant water permitted to collect. In towns with a drain¬ 
age system, or where an outflow is possible, the school site and 
the entire area of the ground shall be properly drained, so as to 
reduce the ground water level, and the drainage effected in 
such manner as not to contaminate with its effluvia any well, 
cistern or other source of drinking water. 

(k) Every school must be supplied with an abundance of 
pure drinking water for drinking purposes. Where water is 
used from surface wells, said wells must be located at least 50 
fefet from any water-tight closet or at least 200 feet from any 
non-water-tight privy vault or cesspool. 

(l) The use of open receptacles for drinking water in 
schools, and also dippers or cups for common drinking pur¬ 
poses, is prohibited. 

(m) Sanitary drinking fountains shall be installed where 
water supply is furnished under pressure. Fountains shall be 
of the type which cause the stream of water furnished to flow 
at an inclined angle. (Those which throw a vertical stream or 
bubble are unsafe.) Where sanitary fountains are not installed 
covered containers with faucets must be provided. Containers 
must be cleaned daily. Individual drinking cups or glasses must, 
be provided. 

(n) Every school in this state must have a sufficient num¬ 
ber of trash or garbage cans for the convenience of the pupils, 
teachers and employees, and said trash or garbage cans must 
be kept closed and emptied daily. 

(o) The urinals and water closets must be connected with 
the sewerage system, where one exists. Where no sewerage sys¬ 
tem exists, all schools must have a sanitary privy. Where the 
Stiles sanitary closet is used the inner surface of the container 
must be treated with approved disinfectant or deodorant at least 
once a week. All closets must be scrubbed once a week* and kept 
in a sanitary condition at all times, and provided with soap, 
water and wash bowl. 








189 


INDEX 

CONSTITUTIONAL PROVISIONS 

A Page 

Administration, Educational Departments, expense. 11 

Adoption of Children, local or special laws by legislature pro¬ 
hibited . 5 

A. & M. College'Fund. 16 

Agriculture, regulating, local or special legislation prohibited... 5 

Alleys, local or special laws by legislature prohibited. 5 

Appropriation, for maintenance of higher educational institu¬ 
tions upon recommendation of State Board. 12 

Appropriations, other than the General Appropriation Bill, shall 

embrace but one object.. 6 

Approval of Private Schools and Colleges by State Boards. 11 

Assessment or Collection of Taxes, extending time for, local or 
special laws by legislature or ordinances by political 
corporations prohibited . 5 

B 

Boards and Superintendents, Parish. 12 

Bonded Indebtedness by School Districts, parishes or cities, 

authorized . 16 

Bond Provisions . 17 

Bridges, local or special laws by legislature prohibited. 5 

C 

Certification of Teachers, provided for by State Board. 11 

Changing names of persons, local or special laws by legislature 

prohibited-. 5 

Changing the Venue in Civil or Criminal Cases, local or special 

laws by legislature prohibited. 5 

Charitable Institutions, none created except by constitution or 

by two-thirds of each house. 6 

Charters, amending, renewing, extending or explaining, local or 

special legislation prohibited with exceptions. 5 

Children, adoption or legitimation, local or special laws by legis¬ 
lature prohibited . 5 

Civics must be taught in elementary schools. 10 

Civil Actions, local or special legislation prohibited. 6 

Conducting Elections, local or special laws by legislature pro¬ 
hibited ... 5 

Coordination of Elementary and Secondary and Higher Edu¬ 
cational Institutions . 9 

Collection of Debts, local or special legislation prohibited. 6 

Corporations, creating, local or special legislation prohibited 

with exceptions . 5 

Courts, regulating practice or jurisdiction, local or special legis¬ 
lation prohibited . 5 

Criminal Actions, local or special legislation prohibited. 6 

Curriculum, general exercises conducted in English. 12 

Curriculum, studies in elementary schools. 10 

D 

Debt, owed by State to School Fund. 15 

Debt, collection of, local or special legislation prohibited. 6 

Deeds, informal or invalid wills, local or special legislation pro¬ 
hibited . 0 

































190 


Page 

Delgado, special fund fifty thousand dollars ($50,000) annually.. 12 

Departments, educational, involving expense. 11 

Disabilities, estates of persons under, local or special legisla¬ 
tion prohibited ... 5 

Discrimination, on account of religion prohibited. 6 

Distribution of State School Funds to Parishes. 13 

Divorces, local or special laws by legislature prohibited. 5 

Duration of School and Local,Taxes. 9 

E 

Educational Departments, involving expense...■. 11 

Educational or Charitable Institutions, none created except by 

two-thirds (2/3) of each house./. 6 

Educational System, how constituted, white and colored sep¬ 
arate . 9 

Education, public . 9 

Eight Mill Local School Tax.... 9 

Elections, holding and conducting, local or special laws by legis¬ 
lature prohibited . 5 

Elementary Schools, subjects that may be taught. 10 

Elementary, Secondary and Higher Educational Institutions, co¬ 
ordination of . 9-10 

Eligibility to Public Office, with exceptions. 7 

Enforcement of Judgments, local or special legislation prohibited 6 

English Language to be used in all schools, general exercises. .. 12 

Estates of minors or persons under disabilities, local or special 

laws by legislature prohibited.. 5 

Exemption Property from Taxation, local or special legislation 

prohibited . 6 

Exemption from Taxation of Bonds, issued by Orleans Parish 

School Board . .•.:. 14 

Exemption from Taxes. 8 

Exempt Property . 7 

Exercises, general, in schools must be conducted in English.... 12 

F 

Ferries, local or special laws by legislature prohibited. 5 

Fines, remitting, local or special legislature prohibited. 5 

Five Mill Local School Tax..... . 9 

Forfeitures, remitting, local or special legislation prohibited.... 5 

G 

General Appropriation Bill, what it shall embrace. 6 

General Exercises in Schools must be conducted in English. 12 

H 

Half Mill Tax for Louisiana State University. 15 

Higher Educational Institutions and maintenance of same. 11 

Higher Educational Institutions other than the Louisiana State 

University under State Board of Education. 11 

Highways, local or special laws by legislature prohibited. 5 

Holding or Conducting Elections, local or special laws by legis¬ 
lature prohibited . 5 

I 

Inheritance and Donation Taxes, with exceptions. 8 

Inheritance and Donation Taxes with exemptions. 8 

Interest Rate, fixing, local or special legislation prohibited. 6 



































J 

Judicial Sales, prescribing effects of local or special legislation 
prohibited .. 


K 

Kindergartens . 

L 

Labor, regulating, local or special legislation prohibited. 

Law of Succession, local or special laws by legislature pro¬ 
hibited . 

Legal Actions, civil or criminal, local or special legislation pro¬ 
hibited ... 

Legislative Power, limitations of. 

Legitimation of Children, local or special laws by legislature 

prohibited . 

License Taxes, with exemptions and limitations. 

Limitations of Legislative Power. 

Limitations of License Taxes. 

Limitations of School and Local Taxes. 

Limit on Municipal Tax, Seven Mills, ten mills if schools are 

maintained . 

Local or Special Laws by Legislature Prohibited. 

Local Taxes, assessment and collection. 

Local Taxes, limitations and duration. 

Louisiana State University and A. & M. College, how governed. 
Louisiana State University, support and maintenance. 

M 

Maintenance Appropriation for Higher Educational Institutions 

upon recommendation of State Board. 

Manufacturing, regulating, local or special legislation prohibited 
Minors, estates of, local or special laws by legislature prohibited 

Money for private or sectarian schools not available. 

Monroe, City of, and Ouachita Parish School Tax Provision. 

N 

Names of persons, changing, local or special laws by legislature 

prohibited . 

New Orleans, Zoological Garden Tax. 

O 

Office Holding, eligibility for with exception. 

Orleans Parish School Tax and Bond Provisions and Exemption 

from Taxation . 

Ouachita Parish and City of Monroe School Tax Provision. 

P 

Parish Boards and Superintendents. 

Parish Taxes, for schools levied and collected by police jury.... 
Parish Tax Official, in case of default of local official, may be 

authorized to collect school bond tax. 

Penalties, remitting, local or special legislation prohibited. 

Poll Tax . 

Poll Tax, paid directly to parish school boards. 

Preference on account of religion prohibited. 

Private Schools and Colleges, approved by State Board. 

Prohibited, local or special laws by legislature. 


































192 


Page 

Property, exempt from taxation. 7 

Property, illegal disposition of, local or special legislation pro¬ 
hibited . (> 

Public Corporations and Boards may levy taxes with limitations 8 

Public Education . 9 

Public Funds, for private or sectarian schools prohibited. 12 

Public Money, for private or sectarian schools prohibited. 12 

Public Money, not available for private, sectarian, charitable or 

benevolent purposes, exception. 6 

Public School Funds..,... 12 

Public School Taxes, local. 9 

Public Schools, management of, local or special legislation pro¬ 
hibited with exceptions. 6 

Purposes of School Bond Issue. 17 

Q 

Qualifications of Teachers, prescribed by State Board. 11 

R 

Raising Money for Building or Repairs of Schoolhouses and 
Management of Schools, local or special legislation pro¬ 
hibited with exceptions . 6 

Rate of Interest, fixing, local or special legislation prohibited. ... 6 

Refunding money legally paid into the treasury, local or special 

legislation prohibited . 5 

Regulating labor, trade, manufacturing, or agriculture, local or 

special legislation prohibited . 5 

Remitting fines, penalties and forfeitures, local or special legis¬ 
lation prohibited . 5 

Retirement Fund for Teachers. 16 

Revenue and Taxation . 7 

Roads, local or special laws by legislature prohibited. 5 

S 

Salaries, State Superintendent . 10 

School Appropriations, included in General Appropriation Bill. . 6 

School Bonds, provisions . 17 

School Funds, public. 12 

Schoolhouses, Building or Repair, local or special legislation pro¬ 
hibited, with exceptions. 6 

Schools, Management of Public, local or special legislation pro¬ 
hibited, with exceptions. 6 

School Taxes, in certain municipalities. 13 

School Taxes, local five (5) mill, eight (8) mill and twenty- 

five (25) mill limitations. 9 

School Tax, Parish, three (3) mill tax. 13 

Secondary Schools, coordination with elementary and higher 

schools . 9-10 

Seminary Fund . 15 

Severance Tax . 15 

Sixteenth Sections, credit for. 15 

Special Laws by legislature prohibited. 5 

Special privileges, rights or immunities, local or special legis¬ 
lation prohibited . 5 

State Debt to School Fund . 15 

State Higher Educational Institutions, and maintenance of same 11 

State or Parish Tax Officials may be authorized by legislature 

to impose and collect taxes to pay school bonded debt.. 19 



































I 


# 

193 

, Page 

State Public School Funds. 12 

State Board of Education, duties and powers. 10 

State Board of Education, how composed and terms of office.. 10 

State Superintendent of Public Education, salary. 10 

Street Railroads, in incorporated towns, authorizing construction 

of, local or special legislation prohibited. 5 

Streets, local or special laws by legislature prohibited. 5 

Suffrage and Elections. 7 

Superintendents, parish . 12 

Superintendent, parish, qualifications and duties fixed by State 

Board of Education . 12 

T 

Taxation, exempting property from, local or special legislation 

prohibited . 6 

Taxation, property exempt from.. 7 

Taxation, revenue . 7 

Tax Collection, to pay for school bond issue enforceable in Court 19 
Taxes, extending time for the assessment or collection of, local 
or special laws by legislature or ordinance by political 

corporations prohibited . 5 

Taxes for New Orleans Zoological Garden. 9 

Taxes, inheritance and donation with exemptions. 8 

Taxes, license with exemptions and limitations. 8 

Taxes, local, assessment and collection. 8 

Taxes, exempt Bonds, issued by Orleans parish school board..... 14 
Tax Limit, in municipalities seven mills, ten mills if schools are 

maintained .„. 16 

Tax Levies, by public corporations and boards. 8 

Tax or Bond Election, legality incontestible after sixty (60) days 20 

Teacher Certification, provided for by State Board. 11 

Teachers’ Qualifications, prescribed by State Board.. 11 

Teachers’ Retirement Fund. 16 

Three Mill Parish School Tax..... . 13 

Trade, .regulating, local or special legislation prohibited. 5 

Tu'iane University, recognized. 16 

Twenty-five (25) mill limit, for total school and improvement 

taxes .. 9 

V 

Venue in Civil or Criminal Cases, changing the, local or special 

laws by legislature prohibited. 5 

W 

Wills or Deeds, informal or invalid, local or special legislation 

prohibited . 6 

Z 

Zoological Garden Tax in New Orleans. 9 
































1 


% 

194 

LEGISLATIVE PROVISIONS 

A Page 

Accepting and Regulating Donations for Educational Purposes 

(Act 158, 1904)... 22 

Accounts, Form Prescribed, for educational institutions and 

school boards (Sec. 6, Act 25, 1910). 43 

Advertisement for sealed bids on bonds for three (3) weeks 

(Sec. 26, Act 46, 1921). 131 

Advertising for Fiscal Agency and Depository Bank (Sec. 6, 

Act 205, 1912, as amended by Act 8, 1916). 82 

Advertising Lease (Sec. 1, Act 54, 1910, as amended by Act 129, 

1908, as amended by Sec. 2962, R. S.). 65 

Affirmative Vote on Land Sale Reported to Superintendent and 
Auditor (Sec. 1, Act 54, 1910, as amended by Act 129, 1908, 

as amended by Sec. 2962, R. S.). 65 

Aged and Incapacitated School Teachers, Statistics on (Sec. 7, 

Act 100, 1922). 143 

Agricultural Students at Louisiana State University (Act 50, 

1922) . 137 

Agriculture and Home Economics (Act 306, 1910). 58 

Annulling Sales (Sec. 2965, R. S.). 61 

Assessor’s Fee for Assessing School Taxes (Secs. 3, 4, 5, Act 

117, 1921) . 23 

Assessors shall render statement to Supervisor of Accounts of 

all school taxes assessed (Secs. 3, 4, 5, Act 117, 1921).. 24 

Attorney and Collection of Notes (Sec. 3, Act 57, 1884). 63 

Attorney Compensation, 16th Section Litigation (Sec. 2, Act 158, 

1910) . 67 

Attorney General and School Officials (Sec. 41, Act 100, 1922).... 155 

Auditor and Capital Due Townships (Act 96, 1886). 63 

Auditor and Collection of Notes (Sec. 1, Act 57, 1884). 62 

Auditor and Parish Superintendent’s Report (Sec. 37, Act 100, 

1922) 155 

Authority to Create School Districts and Raise Funds (Act 81, 

1918, amending Sec. 1, Act 17, 1914). 87 

B 

Bonded Indebtedness Authorized for School District Purposes 

(Sec. 8, Act 46, 1921). 122 

Bonded Indebtedness Authorized on Account of School Houses 

• and Teachers’ Homes (Sec. 7, Act 46, 1921). 122 

Bonded Indebtedness, limit of (Sec. 26, Act 46, 1921). 126 

Bond Issue, after successful Tax Election (Sec. 25, Act 46, 1921). 126 

Bond Issue and Debt Authorization (Sec. 1, Act 46, 1921). 120 

Bond Maturity Fixed (Sec. 27, Act 256, 1910). 55 

Bond Proceeds, application of (Sec. 44, Act 46, 1921). 134 

Bond Proceeds, a trust fund to pay interest and principal (Sec. 

24, Act 256, 1910)..'. 53 

Bird Day (Sec. 14, Act 198, 1906)....,. 28 

Board of Supervisors, Louisiana State University (Act 7, 1921). 118 

Bogalusa School District (Act 109, 1916, amending Secs. 4, 28, 

38, 44, Act 14, 1914). 86 

Bond Sale— 

(Sec. 36, Act 46, 1921). 131 

At Par, application of premium (Sec. 37, Act 46, 1921)... 132 

Law Violations (Act 96, 1922). 138 
































195 


Page 

Premium,.application (Sec. 37, Act 46, 1921). 132 

Saving Clause, Proceedings Pending (Sec. 38, Act 46, 

1921) .. 132 

Sealed Bids Advertisement (Sec. 36, Act 46, 1921). 131 

Voted Prior to passage of Act 46, 1921 (Sec. 39, Act 46, 

1921) . 132 

Bonds— 

Form of (Sec. 28, Act 46, 1921). 127 

Lost or Destroyed, How to Re-Issue (Act 129, 1922)_ 168 

Negotiable and Incontestible (Sec. 42, Act 46, 1921). 134 

Recital of Regularity (Sec. 33, Act 46, 1921). 129 

Refunding (Sec. 32, Act 46 ; 1921). 128 

Registration (Secs. 30, 31, Act 46. 1921).127-128 

Registered by Secretary of State (Sec. 31, Act 256, 1910) 55 

Registration by Secretary of State (Sec. 34, Act 46, 1921) 130 

Regulations tor same (Sec. 20, Act 256, 1910). 52 

Statutes, Other than Act 46, 1921, not applicable (Sec. 41, 

Act 46, 1921) 133 

Tax Exemption (Sec. 40, Act 46, 1921). 133 

Terms prescribed Maturity (Sec. 29, Act 46, 1921). 127 

Transfer (Secs. 30, 31, Act 46, 1921).127-128 

Validating the Exchange, of (Act 130, 1922). 169 

Tax Election, Penalty for Violation of Requirements 

(Sec. 45, Act 46, 1921). 134 

Tax Election, Contest. Time Limit (Sec. 43, Act 46, 1921) 134 

Tax Levy (Sec. 35, Act 46, 1921). 130 

Tax, Maximum Duration of (Sec. 27, Act 46, 1921). 127 

Budgets and Parish School Board (Sec. 27, Act 100, 1922). 150 

Budgets, by State Department of Education (Sec. 6, Act 100, 

1922) . 143 

Budget of School Expense and Budget of Revenue (Sec. 32, Act 

100, 1922) . 152 

Building Contracts (Act 139, 1922). 170 

C 

Calcasieu, Lake Charles schools separate (Act 90, 1906). 25-28 

Capital Due Townships and Duty of Auditor (Act 96, 1886). 63 

Certification and Examination, of Teachers (Secs. 8 to 16, Act 

100, 1922) . 143 

Challenging Voters, at tax election (Sec. 7, Act 256, 1910). 47 

Childern in Schools of Adjoining Parish (Sec. 59, Act 100, 1922). 160 

City Schools and Parish Pupils (Sec. 59, Act 100, 1922). 160 

Collection of Notes— 

Auditor (Sec. 1, Act 57, 1884).«. 62 

School Board Treasurer (Sec. 2, Act 57, 1884). 62 

Attorney’s Compensation (Sec. 4, Act 57, 1884). 63 

Attorney’s Duty (Sec. 3, Act 57, 1884). 63 

Collection of Poll Tax (Act 77, 1918, amending Sec. 3, Act 87, 

1886) . 108 

College Hour Credits, application to teachers’ certificates (Secs. 

15, 16, Act 100, 1922). 145 

Columbus Day, Penalties for failure to observe (Act 56, 1910)... 32 

Compensation of Attorneys, 16th Section Litigation (Sec. 2, Act 

158, 1910) . 67 

Compiling Votes, at tax election (Sec. 14, Act 256, 1910). 50 

Conducting Sale of Uninhabitable Land (Sec. 2, Act 168, 1894).. 60 

Conservation of Game, Fish and Birds on School Lands (Act 44, 

1914) . 87 






































196 


Page 

Consolidating School Districts (Act 33, 1922)... 137 

Copies of State Superintendent’s Records, available (Sec. 39, Act 

ICO, 1922) ... 155 

Courses of Study, Rules and Regulations for Schools (Sec. 4, 

Act 100, 1922) . 142 

Current School Fund and State Superintendent, Distribution by 

educables (Sec. 36, Act 100, 1922). 154 

Current School Fund, State, Used for Travel (Sec. 34, Act 100, 

1922) . 153 

Current School Funds (Secs. 1326-1327, R. S.)..... 86 

D 

Daily Deposit in Fiscal Agency by Public Boards, etc. (Sec. 1, 

Act 205, 1912). 77 

Damages for Tresspass on 16th Section, School Board to Sue 

(Sec. 1, Act 158, 1910). 67 

Deaf and Blind Children, State School for (Act 159, 1920). 116 

Delinquency of Children, Misdemeanor to Cause (Act 169, 1918). 105 

Depositing Schools Funds, Conditions (Act 205, 1912, amended by 

Act 14, 1920, and Act 265, 1916). 79-80 

Depository Bank, Advertising for (Sec. 6, Act 205, 1912, as amend¬ 
ed by Act 8, 1916)..,. 82 

Depository of Parish School Funds and Signatures on Warrants 

(Sec. 53, Act 100, 1922). 159 

Deposit Public Funds with Successful Bond Bidder, right to (Sec. 

8, Act 205, 1912).•.:. 82 

Deposits in Fiscal Agency, Daily (Sec. 1, Act 205, 1912) .. 77 

Diplomas, Granting of by Institutions of Learning (Act 173, 1918) 106 

Diploma and Teachers’ Certificates (Secs. 10, 12, 14, 15, 16, Act 

100, 1922) . 144 

Disposition on Recision of Town Charters (Sec. 6, Act 173, 1894) 70 

Donations for Educational, Literary or Charitable Purposes (Act 

72, 1918) . . . ... 92 

Donations for Schools (Act 158, 1904). 22 

Duration of Bond Tax (Sec. 27, Act 46, 1921). 127 

Doors of School Houses shall swing outward (Act 91, 1908). 31 

Drainage District Purposes, Bonded Indebtedness Authorized 

(Sec. 11, Act 46, 1921). 122 

Duty of School Board in Adverse Vote on Land Sale (Sec. 1, 

Act 54, 1910, amending Act 129, 1908, amending Sec. 2962, 

R. S.) . 64 

E 

Educables, Enumerated by Parish School Boards (Sec. 28, Act 

100, 1922) ./. ....-.. 150 

Educational Institutions and Teachers’ Certificates on Diplomas 

(Sec. 62, Act 100, 1922).. 162 

Educational Institutions under State Board (Sec. 6, Act 100, 1922) 143 

Educational, Literary or Charitable Donations (Act 72, 1918)... 92 

Election for Special Taxes, called by School Board as governing 

body for School District (Sec. 2, Act 256, 1910). 44 

Elections on Sale of Timber, Lease of Oil and Mineral Rights 
(Sec. 1, Act 54, 1910, amending Act 129, 1908, amending 

Sec. 2962, R. S.). 65 

Enumeration of Educables by Parish School Boards (Sec. 28, Act 

100, 1922) ..... 150 




























197 


Page 

Examination and Certification of Teachers (Secs. 8 to 16 Act 

100, 1922) .’. 143 

Examinations for Teachers’ Certificates (Secs. 9-16 Act 100 

1922) .; 144 

Exchange on Checks Not Chargeable by Depository (Act 205, 

1912, amended by Sec. 5, Act 265, 1916).’ 80 

Exemptions from Jury Duty for School Employees (Sec 2 Act 

89, 1894) .’. 22 

Expenses of Agricultural Students at Louisiana State Univer¬ 
sity (Act 41, 1918). 8 9 

Expenses of Agricultural Students at Louisiana State Univer¬ 
sity (Act 50, 1922). 23 7 

Experimental Farms (Act 145, 1912). 75 

Expropriated Land Values (Sec. 1493, R. S.).25 

Expropriation by District School Board (Sec. 1492, R. S.). 24 

Expropriation of Property for Schools (Act 208, 1906, amending 

and re-enacting Act 227, 1902). 24 

Extension Service, Agricultural Aid by School Board (Sec. 25, 

Act 100, 1922). 149 

Eyes to be Tested, Eyes and Ears (Act 292, 1908). 32 

F 

Farmers’ Cooperative Demonstration Work, Aid Authorized (Act 

69, 1912) . 73 

Federal Funds and State Board (Sec. 35, Act 100, 1922). 154 

Federal Funds and State Superintendent, Deposit in lowest bid¬ 
ing Bank (Sec. 35, Act 100, 1922). 154 

Feeble Minded, State Colony and Training School for (Act 141, 

1918) . 95 

Financial Reports, Semi-Annual, by School Boards (Act 218, 

1920) . 117 

Financial Statements, etc., Publication of (Act 49, 1921). 135 

Fines from Unlawful Sale of Liquor (Act 55, 1914). 88 

Fiscal Agency, Advertising for (Sec. 6, Act 205, 1912, as amend¬ 
ed by Act 8, 1916)..•. 82 

Fiscal Agency, State, Parish and City Funds Deposited in (Act 

205, 1912) . 77 

Fiscal Agency, Who Selects (Sec. 2, Act 205, 1912). 77 

Flag of Louisiana (Act 39, 1912). 73 

Forfeited Bonds, one-fifth (1/5) to District Attorney (Sec. 1044, 

R. S.) . 43 

Form of Ballots at Tax Election (Sec. 8, Act 256, 1910). 47 

Form of Bonds, Signing (Sec. 28, Act 46, 1921). 127 

Free Passage for School Children Over Ferries, etc. (Sec. 61, 

Act 100, 1922). 161 

Free School Funds (Sec. 2957, R. S.). 71 

Funds of School Board, Interest on (Sec. 4, Act 205, 1912). 79 

Funds of School Board, Who deposits (Sec. 3, Act 205, 1912)- 79 

Funds of Towns on Recision of Charters (Sec. 6, Act 173, 1894).. 70 

G 

Governing Authority to Levy and Assess Special Tax (Sec. 19, 

Act 256, 1910) . 52 

Granting Diplomas by Institutions of Learning (Act 173, 1918).. 106 

Guion Opinion, Qualification of Voters, Rendered August, 1911. 56 































198 

H Page 

Hazing Prohibited (Act 105, 1920). 110 

Hearing Tests (Act 293, 1908). 32. 

High Schools, Approval of State Board of Education (Sec. 21, 

Act 100, 1922). 148 

Home Economics (Act 306, 1910). 58 

Hygiene and Sanitation of Schools, Regulations by State Board 

of Health . 185 

I 

Institute for the Blind, La. (Act 67, 1920, amending Sec. 7, Act 

1-15, 1898) . 108: 

Institutions, Educational, Under State Board (Sec. 6, Act 100, 

1922) . 143 

Insufficient Security (Sec. 12, Act 205, 1912). 84 

Interest earned by traveling expense account added to appropri¬ 
ation (Sec. 35, Act 100, 1922). 153 

Interest on Bonds, maximum (Sec. 27, Act 46, 1921). 127 

Interest on School Board Funds (Sec. 4, Act 205, 1912). 79 

Interest Rate, Reciprocal Between School Board and Depository 

(Act 205, 1912, amended by Sec. 5, Act 265, 1916). 80' 

J 

Juror Compensation and Poll Tax Receipts (Sec. 1, Act 87, 1886) 59' 

Juror Compensation Deduction, unpaid Poll Tax (Sec. 2, Act 

87, 1886) . 5$ 

L 

Lake Beds, Sold for Account of Schools (Act 124, 1902)........ 64 

Lake Charles, School Board separate from Parish (Act 90, 1906) 25-28 

Land Grants and Reservations by U. S. 69-76 

Land Sale, Affirmative Vote on Reported to Superintendent and 
Auditor (Sec. 1, Act 54, 1910, amending Act 129, 1908, 

amending Sec. 2962, R. S.). 66 

Land Sales, Notes in Payments (Sec. 1, Act 54, 1910, amend 

ing Act 129, 1908, amending Sec. 2962, R. S.). 63 

Library Report to State Superintendent (Act 202, 1906). 30 

Limit of Bonded Indebtedness (Sec. 26, Act 46, 1921). 126 

Lists of Taxpayers, shall be furnished by registrar of voters (Sec. 

6, Act 256, 1910). 47 

Local School Directors (Sec. 24, Act 100, 1922). 140 

Location of Land Sold by Register for School Purposes (Sec. 

2947, R. S.) . 60 

Louisiana Institute for the Blind (Act 67, 1920, amending Sec. 7, 

Act 145, 1898) . 108 

Louisiana State Home for Girls (Act 143, 1918). 103 

Louisiana State University, Board of Supervisors (Act 7, 1921).. 118 

M 

Majority in number and amount necessary in Tax Election (Sec. 

18, Act 256, 1910). 52 

Manner of voting at Tax Election (Sec. 12, Act 256, 1910). 49 

Maximum Duration of Bond Tax (Sec. 27, Act 46, 1921). 127 

Maximum Interest on Bonds.... . 127 

Mentally and Morally Deficient Children, Special Classes for 

(Act 111, 1922, amending Sec. 1, Act 74, 1920). 164 

Mentally or Morally Deficient Childern, Special Classes and 

Schools (Act 74, 1920). 100 
































199 


Page 

Mentally or Morally Deficient Children (Act 74 , 1920). 109 

Minimum Daily Session, Half-Day Sessions, Kindergarten (Sec. 

60, Act 100, 1922). 161 

N 

Name of Voter Emdorsed on Ballot at Tax Election (Sec. 11, 

Act 256, 1910) . 49 

Neglect of Children (Act 169, 1918). 105 

Neglect of Duty by Official, Penalty for (Sec. 10, Act 25, 1910). . 44 

Notes in Payment Land Sales (Sec. 1 , Act 54, 1910, amending 

Act 129, 1908, amending Sec. 2962, R. S.). 66 

O 

Oath of Election Officers at Tax Election (Sec. 10, Act 256, 1910) 49 

Oil, Gas and Mineral Leases and Parish School Boards (Act 20, 

1922) . 136 

Oil. and Mineral Rights and Parish School Boards (Sec. 30, Act 

100, 1922) . 151 

Oil and Mineral Rights Leases (Sec. 1, Act 54, 1910, amending 

Act 129, 1908, amending Sec. 2962, R. S.). 65 

Oil and Mineral Leases, ten (10) years’ duration (Sec. 1, Act 54, 

1910, amending Act 129, 1908, amending Sec. 2962, R. S.). 66 

Orleans Parish— 

Poll Tax Collection (Sec. 1, Act 56, 1894). 59 

School Board, Building, Equipping, Repairing Schools 

(Sec. 20, Act 100, 1922). 148 

School Board, Election, Duties and Powers (Secs. 63 to 

68 , Act 100, 1922). 162 

School Board, Employment and Discharge of Teachers 

(Sec. 20, Act 100, 1922). 148 

School Board, Meeting Dates (Sec. 20, Act 100, 1922).... 148 

School Board, No Fees for Assessors and Tax Collectors 

(Sec. 31, Act 100, 1922). 151 

Teachers’ Retirement Fund (Act 116, 1910).. 33 

P 

Parish Experimental Farms (Act 145, 1912). 75 

Parish School Boards— 

Adequate School Facilities Provided (S. 21, Act 100, 1922) 148 

Advice of Parish Superintendent (S. 23, Act 100, 1922).. 149 

Aids Agricultural Extension (S. 25, Act 100, 1922). 149 

Agricultural Industrial Schools (S. 21, Act 100, 1922).... 148 

Appointment of Supervisors, etc. (S. 43, Act 100, 1922).. 156 

Assessors’ and Tax Collectors’ Fees (S. 31, Act 100, 1922) 151 

Budgets (S. 27, Act 100, 1922). 150 

Dismissal of Teachers (S. 49, Act 100, 1922). 157 

Oil, Gas and Mineral Leases (Act 20, 1922).;. 136 

Teachers’ Institutes (S. 26, Act 100, 1922). 150 

Appointment of Parish Superintendent (S. 19, Act 100, 

4922) . 

Better Facilities from Special Taxes (S. 21, Act 100, 1922) 149 

Budget of Expense and Budget of Revenue (S. 32, Act 

100, 1922) . 152 

Contracts for Buildings and Improvements (S. 20, Act 

100, 1922) . 148 

























200 


Page 

Creation School Districts (S. 1, Act 152, 1920). 115 

Designates Depository for Parish School Funds (S. 51, 

Act 100, 1922). 158 

Determines School Location, Number of Teachers (S. 20, 

Act 100, 1922) . 147 

Duties, Membership, Organization, Powers (Secs. 17 to 32, 

41 to 43, 54, 57, 58, 59, Act 100, 1922). 145 

Enumeration of Educables (S. 28, Act 100, 1922). 150 

Fiscal Year Basis After 1928 (S. 32, Act 100, 1922). 151 

Fixes Salaries of Teachers (S. 20, Act 100, 1922). 147 

General Fund (S. 21, Act 100, 1922). 148 

High Schools (S. 21, Act 100, 1922). 148 

Limit of Membership (S. 18, Act 100, 1922). 146 

Local School Directors (S. 24, Act 100, 1922). 149 

May sue and be sued, Citation served on President (S. 

17, Act 100, 1922). 145 

Membership—Election, Term of Office, Qualifications (S. 

17, Act 100, 1922). 145 

Municipality and Parish (S. 18, Act 100, 1922). 146 

Must Secure All Available Funds (S. 20, Act 100, 1922).. 147 

Oil and Mineral Rights (S. 30, Act 100, 1922). 151 

Orders and Conducts District Tax Elections (S. 3, Act 

152, 1920) . 115 

Per Diem and Mileage to Attend Meetings (S. 17, Act 

t 100, 1922) . 146 

President’s Signature on Warrants (S. 53, Act 100, 1922) 159 

Records of Transactions Kept (S. 20, Act 100, 1922).... 147 

Removal of Parish Superintendent (S. 19, Act 100, 1922) 147 

School and Church Divorced (S. 22, Act 100, 1922). 149 

Selects teachers from list by Parish Superintendent (S. 

20, Act 100, 1922). 147 

Sixteenth Sections (S. 30, Act 100, 1922). 151 

Teacher-Training Schools (S. 25, Act 100, 1922). 149 

Text-Books (S. 25, Act 100, 1922). 150 

The Governing Body of School Districts (S. 3, Act 152, 

1920) . 115 

Trade, Evening, Adult, Exceptional Schools (S. 21, Act 

100, 1922) . 148 

Transportation of Children (S. 29, Act 100, 1922). 151 

Vacancies filled by Governor (S. 17, Act 100, 1922). 145 

Parish Superintendent— 

Advisor of School Board (S. 23, Act 100, 1922). 149 

and Board, Annual Conference, Irregularities, etc. (S. 40, 

Act 100, 1922). 155 

and Discipline of Pupils (S. 54, Act 100, 1922). 159 

and Dismissal of Teachers (S. 48, Act 100, 1922). 157 

and Teachers’ Contract (S. 49, Act 100, 1922). 158 

and Teachers to Keep Records (S. 50, Act 100, 1922).. 158 

Demands Immediate Accounting from Predecessor (S. 52, 

Act 100, 1922) . 158 

Duties and Powers (Secs. 19, 20, 23, 27, 32, 37, 41, 43 to 

54, 57. 59, Act 100, 1922). 147 

Election or Apportionment by Parish Board (Sec. 19, 

Act 100, 1922) . 147 

May Administer Oath (S. 45, Act 100, 1922). 157 

Records to be Kept (S. 44, Act 100, 1922). 156 






































201 


Page 

Quarterly Reports to Parish Board, Keep Minutes, etc., 

Orleans Excepted (S. 47, Act 100, 1922). 157 

Treasurer for School Funds, Orleans Excepted (S. 51, 

Act 100, 1922) . 158 

Parish Superintendent’s— 

Accounts Open to Examination (S. 53, Act 100, 1922)_ 159 

Annual Report (S. 37, Act 100, 1922). 154 

Office (S. 46, Act 100, 1922). 157 

Signature on Warrants (S. 53, Act 100, 1922). 159 

Supervision of Schools (S. 43, Act 100, 1922). 156 

Withholding Salary of Neglectful Teacher (S. 57, Act 

100, 1922) . 159 

Penalty for Neglect of Duty by Official (S. 10, Act 25, 1910).... 44 

Pleasant Opinion, Qualification of Voters, Rendered May, 1914.. 57 

Poll Tax— 

Collections (Act 77, 1918, amending S. 3, Act 87, 1886)_ 108 

Collection^, Orleans Parish (S. 1, Act 56, 1894). 59 

Deducted from Juror Compensation (S. 2, Act 87, 1886).. 59 

Monthly Report to Superintendent (Act 189, 1916). 89 

Receipt and Juror Compensation (S. 1, Act 87, 1886)_ 59 

Powers of District School Board in Expropriation (S. 1492, R. S.) 24 

Prescription of Debts Due Charitable and Educational Institu¬ 
tions (S. 8, Act 103, 1880). 71 

Proceeds of Lands Accruing to Townships (S. 2963, R. S.). 61 

Proceeds of Sale of Lake Beds, Credited to General School Funds 

(Act 124, 1902) . 64 

Proces Verbal Required, Tax Election (S. 15, Act 256, 1910). 51 

Publication of Financial Statements, etc. (Act 49, 1921). 135 

Publication of Notice of Tax Election, for thirty (30) days (S. 3, 

Act 256, 1910). 45 

Public Funds and Fiscal Agency (Act 205. 1912).. 77 

Q 

Qualifications of Voters, Opinion of Attorney General Guion, 

Rendered August, 1911. 56 

R 

Reciprocal Interest Rate, between Depository and School Board 

Act 205, 1912, amended by Act 265, 1916). 80 

Records to be Kept in Office of School Boards, etc. (S. 6, Act 

25, 1910) . 43 

Refunding Bonds (S. 32, Act 46, 1921). 128 

Registrar of Voters to Furnish Lists of Tax Payers (S. 6, Act 

256, 1910) . 47 

Reports by Parish Superintendents, Schools, Teachers (S. 5, Act 

100, 1922) 142 

Reservations of School Lands (Act 316, 1855). 69 

Resolution Calling Tax Election (S. 3, Act 256, 1910). 45 

Retirement Fund, Teachers’ (Act 116, 1910). 33 

Returns Canvassed by Governing Authority at Tax Election (S. 

16, Act 256, 1910). 51 

Returns Kept Three (3) Months, Tax Election (S. 16, Act 256, 

1910) . 51 

Right of Way to United States by School Board (Act 14, 1908). 60 

Road District Purposes, Bonded Indebtedness Authorized (S. 9, 

Act 56, 1921) . 122 

Rules and Regulations, Courses of Study for Schools (S. 4, Act 

100, 1922) .. 142 






























202 


S Page 

Salaries of Parish Supervisors, Bookkeepers, Medical Directors, 

etc. (S. 43, Act 100, 1922). 156 

Salaries of Teachers (S. 20, Act 100, 1922).. 147 

Salary of State Superintendent (S. 2, Act 100, 1922). 141 

Salary of Teacher, Payable Only When Legally Qualified and 

Employed (S. 55, Act 100, 1922). 159 

Sale Made by Land Register for School Purposes (Act 315, 1855) 69 

Sale of Bonds (S. 36, Act 46, 1921). 131 

Sale of Deposited Security (S. 11, Act 205, 1912). 83 

Sale of Lake Beds, for account of Schools (Act 124, 1902). 64 

Sale of School Indemnity Land (Act 207, 1902). 68 

Sale of Sections, Divided by Parish Lines (Act 147, 1857). 61 

Sale of Sixteenth Sections (Act 151, 1912, amending Act 168, 1894) 76 

Sale of Sixteenth Sections, and Parish School Boards (S. 30, Act 

100, 1922) . 151 

Sale of Uninhabitable Lands (S. 1, Act 168, 1894). 60 

Sanitary Regulations for Schools Made by State Health Board. 185 

School Attendance Law (Act 117, 1922). 165 

School Board— 

Funds, Interest on (S. 4, Act 205, 1912). 79 

Funds, Where Deposited (Secs. 3 and 8, Act 205, 1912)... 79-82 

Funds, Who Deposits (S. 3, Act 205, 1912). 79 

Governing Body for School District Calls Election for 

Special Taxes (S. 2, Act 256, 1910). 44 

Governing Body in District to Levy and Assess Special 

District Tax (S. 19, Act 256, 1910). 52 

Grants Right of Way to United States (Act 14, 190-8.... 60 

Is Governing Body for School District (S. 1, Act 256, 

1910) . 44 

To Sue for Damages for Trespass on 16th Section (S. 1, 

Act 158, 1910) . 67 

Treasurer, and Collection of Notes (S. 2, Act 57, 1884)... 62 

School Bond Issue, and Debt Authorization Assigned to Parish 

School Board (S. 2, Act 46, 1921). 120 

School Districts— 

Authority to Create and Raise Funds (Act 81, 1918, 

amending S. 1, Act 17, 1914). 87 

Authorized to Issue Bonds, Purpose of Issue. 17 

Consolidating of (Act 33, 1922). 137 

Purposes, Bonded Indebtedness Authorized (S. 8, Act 46, 

1921) . 122 

Special Taxes, Tax Elections, and Parish School Board 

(Act 152, 1920) 115 

Schoolhouse Doors Shall Swing Outward (Act 91, 1908). 31 

School Indemnity, Warrants for (Act 123, 1912). 75 

School Lands, Reservation of (Act 316, 1855). 69 

School Law (Act 100, 1922). 140 

School Lands, Survey of (S. 2959, R. S.). 59 

School Libraries (Act 202, 1906). 29 

School Taxes, Assessor’s Fee for Assessing (Secs. 3, 4, 5, Act 

117, 1921) . 23 

School Tax Election, Called by Parish School Board (S. 3, Act 

46, 1921) . 120 

School Taxes, Special (S. 1, Act 256, 1910)... .. 44 

Schools, Average Attendance Below Ten, Close (S. 58, Act 100, 

1922) . 160 




































203 


Page 

Script May Issue, When (S. 2952, R. S.). 63 

Security for Deposits Required (S. 5, Act 205, 1912). 81 

Security Insufficient (S. 12, Act 205, 1912). 84 

Security Required in Leasing Lands (S. 1, Act 54, 1910, amending 

Act 129, 1908, amending S. 2962, R. S.). 65 

Semi-Annual Financial Reports by School Boards (Act 218, 1920) 117 

Severance Tax (Act 140, 1922). 176 

Sewerage District Purposes, Bonded Indebtedness Authorized (S. 

10, Act 46, 1921)... 122 

Sight and Hearing Tests (Act 292, 1908). 32 

Sinking Fund (S. 26, Act 256, 1910). 54 

Sixteenth Sections— 

Litigation (Secs. 1, 2, 3, Act 158, 1910). 67 

Rent and Sale by Parish School Boards (S. 30, Act 100, 

1922) . 151 

Report by Registrar and Attorney General (Act 11, 1912) 72 

Sale of (Act 151, 1912, amending Act 168, 1894). 76 

Sources of Revenue.. 72 

Southern University (Act 118, 1912). 73 

Special School Taxes (S. 1, Act 256, 1910). 44 

Special Sources of Revenue. 72 

Special Tax, Levied and Assessed by Governing Body (S. 19, 

Act 256, 1910). 52 

Special Tax, Proceeds, a Trust Fund (S. 25, Act 256, 1910). 53 

Spitting on Schoolhouse Floors Prohibited (S. 1, Act 91, 1908).. 31 

State Board of Health, Sanitary Regulations for Schools. 185- 

State Colony and Training School for Feeble Minded (Act 141, 

1918) . 95 

State Colony and Training School for Feeble Minded, Admission 

to (Act 133, 1920). Ill 

State Department of Education and Divisions of Same (S. 3, Act 

100, 1922) . 141 

State Institutions and State Superintendent’s Annual Report 

(S. 38, Act 100, 1922). 155- 

State Schools for Deaf and Blind Children (Act 159, 1920)...... 116 

State Board of Education— 

(S. 1, Act 100, 1922). 140 

and Attorney General (S. 41, Act 100, 1922).. 155- 

and Irregularities by Parish School Officials (S. 40, Act 

100, 1922) .. 155- 

and Parish Superintendents (S. 44, Act 100, 1922). 157 

and the Parish Superintendent’s Report (S. 37, Act 100, 

1922) . 154 

Approves Orleans Parish Course of Study (Secs.. 65 and 

66, Act 100, 1922). 163 

Authority to use Federal funds (S. 35, Act 100, 1922).. 153 
Controls Teachers’ Institutes (S. 26, Act 100, 1922")....... 150 

Duties and Powers (Secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 

12, 13, 14, 15, 16, 19, 21, 25, 28, 35, 42, 43, 44, Act 100, 

2922 ) ....141-145- 

Establishment of High Schools (S. 21, Act 100, 1922)- 148 

Rejection of Lists of Educables (S. 28, Act 100, 1922).... 151 

Teachers’ Certificates Revoked (S. 42, Act 100, 1922)- 156 

Text-books (S. 25, Act 100, 1922). 150 : 

State Superintendent of Education— 

(S. 2, Act 100, 1922). 141 

and Attorney General (S. 41, Act 100. 1922). 155 

and Current School Fund, WArrants (S. 36, Act 100, 1922) 154 




































204 


Page 

and Federal Funds, Deposit in Lowest Bidding Bank 

S. 35, Act 100, 1922). 154 

and Parish Superintendent, Report (S. 37, Act 100, 1922) 154 

and Report from Parish Superintendent (S. 44, Act 100, 

1922) . 157 

Draws Warrants for Appropriations and Salaries and 

Expenses (S. 35, Act 100, 1922). 153 

Duties and Powers (Secs. 2, 3, 6, 9, 11, 33 to 41, 44, 50, 

Act 100, 1922) . 141 

School Officials and Citizens, Advisory Duty (S. 41, Act 

100, 1922) . 156 

State Board Parish Superintendent Parish Board, Annual 

Conference, etc. (S. 40, Act 100, 1922). 155 

To file Reports and Papers for reference by those inter¬ 
ested (S. 33, Act 100, 1922). 152 

To Supervise Institutions and Schools (S. 34, Act 100, 

1922) . 153 

State Superintendent’s— 

Annual Report (S. 37, Act 100, 1922). 154 

Annual Report and State Institutions (S. 38, Act 100, 

1922) . 155 

Subjects that Must Be Taught in Elementary Schools (S. 60, 

Act 100, 1922) . 161 

Substitute Commissioners for Tax Election (S. 9, Act 256, 1910) 49 

Supervisor of Public Accounts and Parish Superintendents’ Re¬ 
ports (S. 37, Act 100, 1922). 155 

Supervisor of Public Accounts, Assessors render statement of 

all school taxes asessed (Secs. 3, 4, 5, Act 117, 1921).... 24 

Supervisor of Public Accounts, Prescribes forms of School Ac¬ 
counts (S. 6, Act 25, 1910). 43 

Survey of School Land (S. 2959, R. S.)... 59 

T 

Teachers, and Discipline of Pupils (S. 54, Act 100, 1922). 159 

Teachers' Certificates— 

(Secs. 8-16, 56, Act 100, 1922).143-145 

Examination papers graded by State Superintendent (S. 

11, Act 100, 1922). 144 

Exemption from Examination on Diplomas (S. 10, Act 

100, 1922) . 144 

Issued by State Board of Education (Act 158, 1920).... 116 

Kinds, High School, First Grade, Second Grade, Third 

Grade (S. 9, Act 100, 1922). 144 

On Diplomas (S. 62, Act 100, 1922). 162 

Orleans Parish (S. 66, Act 100, 1922). 163 

Questions for Examination by State Superintendent (S. 

11, Act 100, 1922). 144 

Registration Fees (Secs. 12, 13, 14, Act 100, 1922). 144 

Revoked by State Board (S. 42, Act 100, 1922). 156 

Signed by State Superintendent (S. 9, Act 100, 1922).... 143 

Subjects for Examination Determined by State Board (S. 

9, Act 100, 1922). 144 

Teachers— 

Contract (S. 49, Act 100, 1922). 158 

Dismissal of (S. 48, Act 100, 1922). 157 

Duties and Powers (Secs. 54, 55, 56, 57, 59, Act 100, 1921) 159 

(See also Teachers’ Certificates.) 

Institutes and Parish School Boards (S. 26, Act 100, 

1922) . 150 






























205 


Page 

Institutes, Under Control of State Board( S. 26, Act 100, 

1922) 150 

Must Follow Course of Study (S. 57, Act 100, 1922). 159 

Must Hold Certificates (S. 56, Act 100, 1922). 159 

Reports, Salary, Provision (S. 50, Act 100, 1922). 158 

Retirement Fund, Orleans Parish (Act 116, 1910). 33 

Retirement Fund, Orleans Parish (S. 64, Act 100, 1922).. 163 

Salaries, Payable Only When Legally Qualified and Em¬ 
ployed (S. 55, Act 100, 1922). 159 

Teacher-Training Course, Prescribed by State Board (S. 16, Act 

100, 1922) . 145 

Teacher-Training Schools, Special, Aided by Parish School 

Board OS. 25, Act 100, 1922). 149 

Text-Books, Adoption of (S. 4, Act 100, 1922). 142 

Text-Books and Parish School Boards (S. 25, Act 100, 1922).... 150 

Timber, Oil and Mineral Rights Leases, Duration ten (10) years 
(S. 1, Act 54, 1910, amending Act 129, 1908, amending S. 

2962, R. S.) . 66 

Timber Sales (S. 1, Act 54, 1910, amending Act 129, 1908, amend¬ 
ing S. 2962, R. S.).;. 65 

Time of Opening and Closing Polls at Tax Election (S. 13, Act 

256, 1910) . 60 

Transportation of Children Two-Mile Limit (S. 29, Act 100, 

1922) .. 151 

Traveling Expenses, etc., available semi-annually in advance (S. 

35, Act 100, 1922). 153 

Traveling Expenses, State Department of Education (S. 34, Act 

100, 1922) .. 153 

Treasurer’s Commission (Act 33, 1859) . 61 

Trespass on Grounds of State Institutions, Operating Girls’ Dor- 

moritories (Act 103, 1922). 164 

Trespass on 16th Section (S. 1, Act 14, 1882, Sec. 2, Act 14, 1882) 66 

Tax Collection, Governed by General Laws (S. 23, Act 256, 1910) 53 

Tax Election— 

Bond Issue After Successful (S. 25, Act 46, 1921). 126 

Canvass of Returns (S. 22, Act 46, 1921). 126 

Challenging Votes (S. 15, Act 46, 1921).• 123 

Compiling Votes (S. 14, Act 256, 1910). 50 

Counting Ballots (S. 21, Act 46, 1921). 125 

For Bonds, Contest, Time Limit (S. 43, Act 46, 1921).... 134 

Form of Ballot (S. 8, Act 256, 1910)... 47 

Form of Ballot (S. 16, Act 46 1921). 123 

Hereafter Governed by this Act (S. 33, Act 256, 1910).. 56 

Incontestible after sixty (60) days (S. 17, Act 256, 1910). 51 

In School Districts Ordered and Conducted by Parish 

School Board (S. 3, Act 152, 1920). 115 

List of Voters, Furnished by Registrar (S. 14, Act 46, 

1921) . 123 

Majority in Number and Amount Necessary (S. 18, Act 

256, 1910) . 52 

Manner of Voting (S. 12, Act 256, 1910). 

Name of Voter on Ballot (S. 11, Act 256, 1910). 49 

Notice with Details Published 30 days (S. 5, Act 46, 1921) 121 

Oath of Election Officers (S. 18, Act 46, 1921). 124 

Oath of Election Officers (S. 10, Act 256, 1910). 49 

Officers Same Authority as General Election (S. 32, Act 

256, 1910) . 55 


































206 


Page 

Opening and Closing Polls (S. 20, Act 46, 1921). 125 

Polling Places, Ballots, etc. (S. 12, Act 46, 1921). 123 

Preservation of Ballots (S. 24, Act 46, 1921). 126 

Proces Verbal of Canvass (S. 23, Act 46, 1921). 126 

Proces Verbal, Required (S. 15, Act 256, 1910). 51 

Purpose and Details Stated in Call (S. 4, Act 46, 1921).. 121 

Qualification of Voters (S. 13, Act 46, 1921). 123 

Resolution, Calling, Ballot Counting (S. 3, A. 256, 1910). 45 

Returns Canvassed by Governing Body (S. 15, Act 256, 

1910) . 51 

Returns Kept three (3) months (S. 16, Act 256, 1910).... 51 

Shall be published thirty (30) days (S. 3, Act 256, 1910) 45 

Special, Called by School Board as Governing Body of 

District (S. 2, Act 256, 1910). 

Substitute Commissioners (S. 9, Act 256, 1910). 49 

Substitute Election Officers (S. 17, Act 46, 1921). 124 

Time of Opening and Closing Polls (S. 13, Act 256, 1910) 50 

Under Supervision and at expense of School Board (S. 5, 

Act 256, 1910). 46 

Voting (S. 19, Act 46, 1921). 124 

Voting by Proxy Prohibited (S. 13, Act 46, 1921). 123 

Who entitled to vote (S. 4, Act 256, 1910). 46 

List of Taxpayers Furnished by Registrar of Voters (S. 

6 , Act 256, 1910). 4 

Tax Levied, Yearly (S. 27, Act 256, 1910). 54 

Tax Levy, for Bonds (S. 35, Act 46, 1921). 130 

Tax Not to Exceed Constitutional Limit (S. 19, Act 256, 1910)... 52 

Tax, Special School (S. 1, Act 256, 1910). 44 

U 

United States Land Grants and Reservations. 69-70 

V 

Value of Expropriated Land (S. 1493, R. S.). 25 

Vocational Education, Smith-Hughes Act Accepted (Act 52, 

1918) . 91 

Vocational Education, Smith-Hughes Bill (Act 179, 1916). 89 

W 

Warrants for School Indemnity Lands (Act 123, 1912).... 75 

When Script May Issue (S. 2952, R. S.). 63 
























































































































































































































































































































































